The legal rights of landlords in India
February 15, 2023|Posted in: real estate
Quality housing has now become a premium luxury nowadays in many Kerala cities. Several flats in Kerala have been constructed to meet the demand and today more people prefer living in flats than living in independent villas. If you are to lease out your dream luxury flat in Kochi, you should essentially know about the legal rights of landlords in India!
Prime real estate portal in Kerala, luxurykeralaflats.com sheds some light on this topic. Just read on…
Landlord rights in India are protected by the Rent Control Acts in different states. Some common rights of landlords include:
Right to receive rent
Landlords have the right to receive rent from tenants as agreed upon in the lease agreement.
Right to terminate the lease and evict a tenant
The Rent Control Act stipulates that the landlord has the right to evict an unsuitable tenant who has held a lease of over 12 months. The right is applicable if property owners faced many problems in evicting tenants occupying their properties or if the tenant violates any terms of the lease agreement.
Some of the reasons for eviction by law can be:
- Subletting a part of the property without permission of the landlord
- Default in rent payments
- Conducting illegal activities on the rented premises
- Breach of rental agreement in general
Right to access property
A landlord is well within his/her rights to have the right to access the property for repairs and maintenance. If the landlord thinks it is necessary that the repair, construction, alterations, additions, etc. cannot be carried out without the eviction of the tenant, it is his/her right to ask the tenant to vacate. The premises can be again rented to the tenant if requested after the repair works are over.
Right to increase rent
The landlord of a property has the right to charge rent at prevailing market rates and also can increase it periodically. The law allows the landlord to raise the rental amount after giving proper notice to the tenant.
Right to use the security deposit
If the tenant breaches the lease agreement and not gives the rent on time, the landlord has the right to use the security deposit to recoup the rent and also to repair any damages.
Right to transfer property
Landlords have the right to transfer the property to others even when the lease period is still going on.
Apart from these rights, landlords must comply with rent control laws, environmental laws, and building codes. They are also responsible for maintaining the property and ensuring it is fit for habitation. Landlords are also required to follow all the legal procedures while evicting tenants.
Tenants also have rights under the Rent Control Act. They include the right to safe and habitable property, the right to peaceful enjoyment of the property, and the right to receive a proper notice before eviction.
Contact us at luxurykeralaflats.com if you want to buy, sell, or rent flats in Kerala.