India Rental Laws Made Simple

If you’re renting a home or thinking about becoming a landlord in India, you probably have a lot of questions. Who fixes the leaky faucet? Do you have to repaint when you move out? Can a tenant ever own the place they’re renting? This guide cuts through the legal jargon and gives you straight‑forward answers you can use right away.

Who Pays for Painting a Rental Home?

One of the most common fights between landlords and tenants is over who should paint the walls. The law doesn’t give a one‑size‑fits‑all answer, but the general rule is that the landlord is responsible for keeping the property in a livable condition. That means structural fixes, fresh coats after major damage, and anything that keeps the building safe.

If you, as a tenant, want a fresh look or have painted the place yourself, you usually need the landlord’s written consent. Without that, you could lose part of your security deposit when you move out. The best move? Ask for a written agreement about painting before you start, and make sure both parties sign it.

Can Tenants Ever Own the Property They Rent?

In India, owning a rented property isn’t as simple as staying there for a long time. The concept of "adverse possession" allows someone who openly occupies land for a certain period to claim ownership, but the rules are strict. For most residential properties, the period is 12 years of continuous, uninterrupted possession, and you must prove that the original owner didn’t contest your stay.

In practice, it’s rare for a tenant to succeed. You’d need to show you paid taxes, maintained the property, and that the owner never tried to evict you. Even then, the court decides. If you’re hoping to turn a rental into ownership, consider buying a share or negotiating a lease‑to‑own agreement instead of relying on adverse possession.

Beyond painting and ownership, there are a few other basics every renter and landlord should know:

Security Deposit: Landlords can ask for up to two months’ rent as a deposit. They must return it within one month of you moving out, minus any legitimate deductions for damage.

Rent Agreement: Always have a written lease. It should spell out rent amount, due date, notice period, and who handles repairs. Verbal agreements are hard to enforce in court.

Eviction Process: A landlord can’t just lock you out. They must follow a legal notice period—usually 30 days for non‑payment and 60 days for other breaches—followed by a court order if you don’t leave.

Rent Increases: The law doesn’t cap how much rent can rise, but any increase must be reasonable and clearly mentioned in the lease. Sudden huge hikes can be challenged.

Knowing these points can save you time, money, and a lot of headaches. If you’re ever unsure, a quick consult with a legal expert can clarify your rights before you sign anything.

Renting should be about having a comfortable place to live, not a legal battle. Keep records, get everything in writing, and stay informed about your rights. With the right knowledge, you’ll navigate India’s rental market confidently and avoid common pitfalls.