Rental Law in India: Your Quick Guide to Tenants, Landlords & Disputes

Renting a home or office in India can feel like walking through a maze. Who pays for repairs? When can a landlord raise the rent? Which clause is actually enforceable? Below you’ll find straight‑forward answers that cut through the legal jargon and help you avoid common headaches.

Who’s responsible for what?

Indian tenancy law splits duties between the landlord (often called the lessor) and the tenant (lessee). The core rule is simple: the landlord keeps the property fit for its purpose, while the tenant handles day‑to‑day wear and tear. For example, structural repairs—like fixing a leaking roof or cracked walls—are the landlord’s job. Minor fixes, such as repainting walls after a tenant moves out, usually fall on the tenant, unless the rent agreement says otherwise.

Our recent post, “Landlord or Tenant: Who Must Paint a Rental Home in India?”, shows how most courts side with the tenant for cosmetic work only when the lease explicitly obliges the landlord. So, always read that clause carefully before signing.

How to handle common rental issues

Rent increase. Under the Rent Control Acts (different states have different versions), a landlord can raise rent only after the period specified in the agreement—often 12 months. The increase must be reasonable and follow the state‑approved formula. If you get a surprise notice, check your state’s rent control rules before reacting.

Security deposit. The law limits the deposit to two months’ rent for residential properties and three months for commercial spaces. The landlord must return it within 30 days of vacating, minus any actual damages. Stick to a written inventory list to avoid disputes over alleged damage.

Eviction. A landlord cannot force you out without a court order. They need a valid ground—non‑payment of rent, breach of agreement, or the property being needed for personal use. The eviction process typically involves a notice period (usually 30 days) followed by a court filing. Trying to leave early without following legal steps can affect your credit and future rental prospects.

If you’re stuck in a rent dispute, mediation is a cost‑effective first step. Many state rent tribunals offer free mediation before a case goes to court. It saves time and prevents a lengthy litigation battle.

For renters worried about illegal clauses, look out for hidden fees, clauses that waive your right to a fair notice, or demands for excessive security deposits. These are often struck down by courts, but you’ll need evidence to prove they were part of the agreement.

Finally, keep all communications—emails, messages, receipts—in a folder. When you need to prove a claim, a tidy record can be the difference between winning and losing a case.

Rental law in India may vary from state to state, but the basic principles remain the same: landlords maintain the structure, tenants keep it clean, and both parties must honor the written agreement. By understanding these rules, you can protect your money, avoid court hassles, and enjoy a smoother renting experience.