Rights you must know of as a tenant

Raghav’s landlord is becoming his worst nightmare these days. His flat owner has arbitrarily hiked the maintenance charges, and has begun showing up on his doorstep anytime of the day, under the garb of inspection. Moreover, he has also begun interfering into who can or cannot visit Raghav. 

If your landlord and local resident welfare association (RWAs) are like that of  Raghav’s, you do not have to bear this silently. There are many ways you can safeguard yourself from this social and mental maltreatment. But for this, you should know your tenancy rights. Here are some useful privileges rights that can protect you from the haphazard ways of your landlord and RWAs. 

No interference in essential services 

While it is best to pay your rent on time, your landlord cannot cut off your access to electricity and water in case you’re late on paying your rent. These essential services also include your right to privacy. So, if you are under the assumption that the landlord can knock on your door anytime he wants, you’re wrong. They are bound to inform you at least 24 hours in advance of their visit, even if it is for regular inspection. 

And not just you, your family members or legal heirs, who are living with you, also have your tenancy rights. So, in the unfortunate event of  your death, your son/daughter, spouse or parents will have the same tenancy rights as yours. 

Says Niraj Kumar, Partner at DSK Legal, “There are many ways in which the RWAs and landlords can arm twist tenants. This is even more pertinent where the tenants, as an occupant, might also have some interest in the usage of the common properties of the society like swimming pool, health club and more”. 

“For this, it is essential that the tenant checks in with the policies of RWAs beforehand and insists on including relevant terms in his/her rent agreement. This can include the RWAs rules with regards to not renting out to bachelors, usage of societal property and others. Anyone who is taking up a rented accommodation for more than a year must get a rent agreement documented and registered.” 

But, as Kumar points out, all these negotiations should take place beforehand, and that too, between the landlord and the RWA. The liability of all this does not lie on tenants. 

No arbitrary hike in maintenance charges 

If, as a tenant, you are worried about unreasonable, erratic maintenance charges and society fees, fret not. Not only do you have the right to protest against it, but you can also approach the local authorities in case the total money charged under the head of maintenance exceeds 50% of your overall rent. 

As Kumar notes, “The landlord cannot have margin or earn profits from the amount he/she is charging as maintenance from the tenant. If the RWA is insisting on any charges to be paid by the tenant, whatever is the maintenance charge that is payable by the owner should also be payable by the tenant as well. In short, it doesn’t matter if the maintenance is being paid by the tenant or owner. There should be no discrepancy in the charges. 

However, in case the owner wants to increase the house rent, they can do so upon giving a three-month notice to the tenant. Depending on the state you’re living in, the law allows the owner to increase the rent periodically. But that comes with certain limits. For instance, landlords cannot increase the rental price by more than 24% per annum in Maharashtra. As per Delhi law, the landlords can raise the rental amount by 10% every 3 years. 

Unfortunately, the tenant has limited options when it comes to approaching a recourse, particularly in case of RWAs. Says Kumar, “The only way the tenant can approach the RWA is by means of the landlord. Since harassing the tenant is also harming the owners economic interest, the landlord must take action”. 

All in all, your RWAs and landlord cannot wrongfully discriminate against you, nor can they charge you exorbitantly. Be aware of your rights as a tenant.