Tenant Rights Checklist
A checklist of your rights and responsibilities as a tenant in India. Know what your landlord can and cannot do.
Check off items you have verified. This helps you track your tenancy compliance.
Security Deposit
General rule: Landlord should not demand more than 2 months rent as deposit. State laws vary significantly.
- Tamil Nadu: Maximum 1 month rent
- Karnataka: Up to 10 months rent (by practice)
- Maharashtra: Typically 2-3 months
- Delhi: No statutory cap but Model Tenancy Act recommends 2 months
Maintenance Responsibilities
Landlord is responsible for: structural repairs, roof leaks, major plumbing, electrical wiring, and building safety. Tenant is responsible for: day-to-day maintenance, minor repairs, keeping the property clean.
Rent Increase
Landlord cannot increase rent during the agreement period without mutual written consent. Rent increases must comply with any local Rent Control Act that applies to your property.
Eviction Rights
Landlord cannot evict without proper notice. Notice period is as per the rental agreement (usually 30-60 days for tenants, 30 days minimum). Forcible eviction without court order is illegal.
Essential Services
Landlord cannot cut off water, electricity, or other essential services to force eviction. This is illegal regardless of disputes. The tenant can approach the police or court for interim relief.
Privacy Rights
Landlord must give 24-48 hours prior notice before entering the rented premises, except in genuine emergencies. Unannounced visits or entering without consent may constitute trespass.
Rent Receipts
Tenant is entitled to a rent receipt for every payment. This is especially important for HRA (House Rent Allowance) tax claims where receipts above ₹1 lakh/year require the landlord's PAN.
Security Deposit Refund
Deposit must be returned within 1 month of vacating (after legitimate deductions for damages beyond normal wear and tear). Landlord cannot deduct for routine wear and tear.
State-specific tenancy laws
Maharashtra Rent Control Act, 1999 applies to older properties. New agreements post-2000 are generally outside its purview. Model Tenancy Act 2021 framework being adopted.
Delhi Rent Control Act, 1958 applies to properties with rent below ₹3,500/month. Most modern properties are outside its scope and governed by the Transfer of Property Act.
Karnataka Rent Act, 2001 applies to residential and commercial premises. High court deposits (up to 10 months) are common practice in Bengaluru despite no legal mandate.
Tamil Nadu Regulation of Rights and Responsibilities of Landlords and Tenants Act, 2017. Security deposit capped at 1 month for residential, 2 months for non-residential.
Frequently asked questions
What should a rental agreement contain?
A rental agreement should contain: names and addresses of landlord and tenant, property description, monthly rent amount, security deposit amount, lease duration, notice period, maintenance responsibilities, conditions for deposit deduction, and clauses on sub-letting and alterations.
Can a landlord increase rent during the lease period?
Generally no — the landlord cannot increase rent during the fixed term of the lease unless there is a specific escalation clause in the agreement. After the lease period, both parties must agree on the new rent.
What can a landlord deduct from the security deposit?
Landlord can deduct for: unpaid rent, damages to property beyond normal wear and tear, cost to restore unauthorized alterations, and outstanding utility bills. Normal wear and tear (paint fading, minor scuffs) cannot be deducted.
What should I do if my landlord is threatening illegal eviction?
If your landlord is threatening illegal eviction, cutting utilities, or physically intimidating you: (1) File a police complaint, (2) Approach the Rent Controller in your city, (3) File an application in Civil Court for injunction. Document everything in writing.
Is a verbal rental agreement valid?
Verbal agreements are legally valid but very difficult to prove in court. Always insist on a written agreement. Agreements for 12 months or more must be registered. Even 11-month agreements should ideally be notarized.