Rental Rules & Obligation In India For Both Landlord And Tenant

Renting the premises for commercial or residential purpose is now-a-days considered as the best Business practice by those who have the properties to let on rent. In India, the population migration in most of the big cities and towns like Delhi, Mumbai, Bangalore, Hyderabad, Jaipur, Chandigarh etc have reached to its capacity and hence the spurt in the prices of real estate rental properties . Every week thousands of Houses and rental properties to let are advertised in the leading dailies by the Owner of the properties or the rental agents on behalf of the owner of the properties to woo the prospective clients.

So, there may be many property owners and so the rental agents in India but the renting rules are more or less same throughout the country. Hence, it is essential for every prosperous tenant and landlord to understand the basic features of the Renting rules in India and the obligation. Following are few of the tenets of the renting rules prevalent in India.

1) There are three types of rental agreements: week-to-week, month-to-month, a fixed term of not less than 6 months and not more than 12 months. The type of rental agreement will determine when the rent is due and the minimum notice of termination to be given by the landlord or tenant.

2) The landlord shall give the tenant a duplicate copy of the rental agreement within 10 days after the date of signing by all parties. If the landlord fails to do this, the tenant is not obligated to pay rent until the tenant receives a copy of the rental agreement. However, any rent already paid may be kept by the landlord.

3) The landlord shall maintain the premises in a good state of repair and fit for habitation during the tenancy and shall comply with a law respecting health, safety or housing.

4) The tenant shall keep the premises clean, and shall repair damage caused by a willful or negligent act of the tenant or of a person whom the tenant permits on the premises.

5) The tenant may assign, sublet or otherwise part with the possession of the premises subject to the consent of the landlord, and the landlord shall not arbitrarily or unreasonably withhold consent and shall not levy a charge in excess of expenses actually incurred by the landlord in relation to giving consent.

6) Except in the case of an emergency, the landlord shall not enter the premises without the consent of the tenant unless the tenant shall not unreasonably interfere with the rights of the landlord or other tenants in the premises, a common area or the property of which they form a part.

7) The landlord shall not unreasonably interfere with the tenant's peaceful enjoyment of the premises, a common area or the property of which they form a part.

8) Rest the basic facts for the security Deposit and the rent as specified in the agreements and other features as specified, are the basic obligation of the Tenant and the landlord.

So in India with the more booming economy, education, development the major thrust is on the Real estate properties and the renting services. So, on the face value the Rental trend in India is quite catching and looking very promising for those who have the properties to let on rent. But, still it needs to be more regularized and systematic in order to make it more internets friendly and to protect the rights of every tenant and landlord under the most transparent legal boundary.

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