Tenant rights in India are governed by the Rent Control Acts of individual states (like Delhi Rent Control Act, Maharashtra Rent Control Act) and the central Model Tenancy Act, 2021. The laws vary by state, but core rights are similar across India.
Security Deposit Rules
The Model Tenancy Act, 2021 caps the security deposit at 2 months rent for residential properties and 6 months for commercial properties. However, states like Mumbai still see landlords demanding 6–12 months informally. Legally, the deposit must be returned within one month of vacating after deducting legitimate repair costs.
Always get a receipt for your security deposit. Pay by bank transfer — not cash — so there is a paper trail for recovery if the landlord refuses to return it.
Your Core Rights as a Tenant
- Right to a written rent agreement: Always insist on a registered rent agreement
- Right against arbitrary eviction: Landlord cannot evict you without proper legal notice and court process
- Right to basic amenities: Landlord must maintain structural integrity, water supply, and electricity connection
- Right to privacy: Landlord cannot enter the property without prior notice (typically 24 hours)
- Right to rent receipt: You can demand a receipt for every rent payment
- Right against arbitrary rent hike: Rent can only be increased as per terms in the agreement or state law
Rent Hike Rules
Under the Model Tenancy Act, rent cannot be increased during the term of the agreement without mutual consent. After the term ends, increases must follow the agreed escalation clause (typically 5–10% per year). State Rent Control Acts often cap increases at lower rates — Delhi allows only specific increases under the old Rent Control Act.
Eviction — When Can a Landlord Evict You?
Legal grounds for eviction under most state Rent Control Acts:
- Non-payment of rent for 2+ months
- Sub-letting without permission
- Using the property for illegal purposes
- Causing damage to the property
- Landlord needs the property for personal use (bona fide need)
- Tenant misrepresented facts at the time of letting
The eviction process requires the landlord to file an eviction petition in the Rent Control Court or Civil Court. They cannot forcibly evict you, cut off utilities, or lock you out — this is illegal and you can file a police complaint.
Notice Period
The notice period for ending a tenancy is typically stated in the rent agreement — usually 1 month for residential properties. Under the Model Tenancy Act, both landlord and tenant must give 2 months notice for residential premises and 3 months for commercial.
Maintenance Responsibilities
- Landlord responsible for: Structural repairs, roof leakage, major plumbing, electrical wiring, painting before occupation
- Tenant responsible for: Day-to-day maintenance, minor repairs, keeping the property clean, not causing damage
What to Do if Landlord Harasses You
- Document everything — WhatsApp messages, emails, photographs
- Send a legal notice via a lawyer demanding they stop
- File a complaint with the Rent Authority (under Model Tenancy Act) or Rent Control Court
- For illegal lockout or utility cutoff — file a police complaint for criminal trespass/coercion
- Approach the local civil court for an injunction