Renting in India: What Every Tenant and Landlord Should Know

Thinking about moving into a rented flat or handing over a property to a tenant? The rental market in India can feel confusing, but you don’t need a law degree to get it right. Below are the most common questions people ask and clear answers you can use right away.

Who Pays for Repairs and Maintenance?

One of the biggest fights between landlords and tenants is over who should foot the bill for a fresh coat of paint or a leaky tap. In most cases, the landlord is responsible for structural repairs – walls, roof, plumbing, and major fixtures. Minor wear‑and‑tear, like a new coat of paint after you move out, often falls to the tenant if the lease says so. Check your agreement: if it mentions “painting responsibility,” it’s usually the tenant’s job to repaint before handing the keys back.

When in doubt, ask for a written clause. A clear clause saves you from arguments later and gives both sides a reference point if a dispute arises.

Can a Tenant Ever Own the Rented Property?

Many people wonder if they can turn a rented house into their own through “adverse possession.” The short answer is no – you can’t claim ownership just because you’ve lived there for years. Indian law requires continuous, open, and hostile possession for 12 years, and the property must not be claimed by the true owner. Since a rental agreement is a legal contract, it breaks the “hostile” requirement. So, stick to the lease terms and avoid any shortcuts that could land you in court.

If you’re interested in buying, talk to the landlord about a sale. Some owners are open to selling a property they rent out, especially if you’ve been a reliable tenant.

How to Protect Your Security Deposit

Your security deposit is a safety net for the landlord, but it’s also yours until the lease ends. To protect it:

• Take photos of every room at move‑in and move‑out.
• Document any existing damages in writing.
• Keep receipts for any repairs you do with the landlord’s permission.
• Make sure the lease states when and how the deposit will be returned.

Following these steps makes it harder for the landlord to claim unfair deductions.

When Can a Landlord Increase Rent?

Rent hikes are allowed, but they must follow the terms of the agreement and any state‑specific rules. Usually, the lease will mention a notice period – 30 days is common – before an increase. Some states have caps on how much rent can go up each year. Check the local rent control act if you’re in a major city like Delhi or Mumbai.

If you receive a sudden, steep increase, ask for the legal basis. You can negotiate or seek advice from a legal aid service if needed.

Dealing with Salary Issues While Renting

Missing a salary payment can jeopardize your ability to pay rent. Indian labor laws require employers to pay wages on time, and you have the right to take legal action if they don’t. If your employer delays salary, gather pay slips and any communication, then send a formal notice demanding payment. If the issue persists, you can file a claim with the labor court. Knowing your rights protects both your job and your home.

Having a backup plan, like a small emergency fund, also helps you stay on top of rent even if your paycheck is late.

Renting in India doesn’t have to be a nightmare. By reading the lease carefully, keeping good records, and knowing your legal rights, you can avoid most disputes. Whether you’re a tenant looking to protect your deposit or a landlord wanting clear responsibilities, these tips give you a solid foundation. Got more questions? Reach out to a legal expert or a trusted consumer protection forum – they’re there to help you stay on the right side of the law.