Rent Laws in India: What Every Tenant and Landlord Should Know

If you’re renting a flat or a house in India, the first thing to sort out is who does what. The law tries to keep things fair, but the details can get confusing. Below you’ll find the most common questions and easy‑to‑follow answers, so you can avoid fights and stay on the right side of the law.

Who Pays for Painting and Repairs?

One of the biggest arguments between renters and owners is the paint job. According to the Model Tenancy Act, the landlord is responsible for structural repairs – that means walls, roof, and any damage that makes the place unsafe. Cosmetic work, like a fresh coat of paint, usually falls to the tenant if the lease says so. However, if the paint is needed because the landlord gave a bad‑condition property, the landlord must cover it.

To keep it simple, check your rental agreement. Look for clauses that mention “maintenance” or “painting”. If it’s vague, ask the landlord for a written clarification before you sign. A clear note saves you from a surprise bill when you move out.

Can Tenants Own the Rented Property?

The short answer: not in the usual sense. Tenants can’t just claim ownership because they’ve lived there for years. India does have a concept called “adverse possession”, but it applies only when someone has openly occupied land or a building without a rightful owner for 12 years, and the owner has done nothing about it. For a rented flat, the landlord’s title stays safe as long as the lease is active.

If a tenant wants to buy the property, the best route is a “right of first refusal”. Some agreements let the tenant get the first chance to buy if the landlord decides to sell. Negotiating this clause can be a win‑win – the tenant gets a path to ownership, and the landlord locks in a reliable buyer.

Other common rent‑law issues include security deposits, eviction notices, and rent increases. The law says a security deposit can’t be more than two months’ rent for unfurnished places and one month for furnished ones. Landlords must return it within 30 days of you moving out, minus any legitimate deductions.

When it comes to raising rent, the landlord must give at least 30 days’ written notice before the new amount takes effect. If the increase is unreasonable, you can approach your local rent control authority or a consumer court.

Eviction is another hot topic. A landlord can only evict you for a valid reason – like non‑payment of rent, damage to the property, or if they need the space for personal use. The court will usually require a 30‑day notice, and you have the right to challenge the eviction in a magistrate’s court.

In practice, most disputes get resolved through a written notice and a quick meeting. Keeping all communication in writing helps the court see who did what. If things still go south, the Civil Court can step in, and you’ll likely need a lawyer who knows the Rent Control Act.

Bottom line: read every clause, ask for clarification, and keep records of all payments and notices. Knowing these basics of rent laws in India will save you time, money, and a lot of headaches.