Can a Tenant Escape Eviction Under Transfer of Property Act?

One of the most frequent types of disagreements in India is over a property. Tenant and landlord disputes are some of the more complicated ones and are also more frequent. I had a nosy landlord when I first moved to Bangalore. I’m sure you've probably heard a lot of stories of landlords bothering their tenants, therefore it's important for tenants to be aware of rights of tenant under Transfer of Property Act so they can stop being taken advantage of. Indian law has given tenants enough protection against criminal activity. Let me help you understand it.

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Protection to tenant in Transfer of Property Act

Lease agreements and licence agreements are the two primary categories of agreements. The Transfer of Property Act of 1882 and the Easement Act of 1882 both apply to lease and licence agreements, respectively. While licence agreements are only valid for 11 months and may have a periodic renewal clause, lease agreements may be for an infinite time.

Section 108 of the Transfer of Property Act, 1882 outlines the parties' rights. The act makes mention of the parties' even responsibilities. One of the main rights of tenants is the right to be informed of all substantial flaws in the property and to be given possession of it upon request. The owner is required to uphold this duty if the tenant is also prepared to do so. Tenants have a right to advance knowledge of all tenancy conditions.

A renter has the right to enjoy his home in peace, safety, and solitude. Even after you've occupied the property for some time, you can always ask the landlord to make the required repairs. You can always file a complaint with your landlord if any disturbances emanating from other renters, neighbours, or even the owner of the property are troubling you. Additionally, you are entitled to compensation for any repairs you carry out that were the landlord's obligation. Additionally, the tenant must give authorization for the owner to enter the property. Additionally, the tenant is allowed to bring guests over unless the lease clearly forbids it or unless they do not bother the owner in any way.

Can a tenant escape eviction under Transfer of Property Act?

The length of the tenancy must be specified in the rent agreement, together with the dates when the tenancy will begin and end. The Supreme Court ruled that no landlord can remove their tenant for at least five years if the tenant has complied with all of his obligations in order to decrease landlord-tenant disputes. He may only do this if he intends to use the premise for personal reasons.

The tenant may file a complaint with the Rent Control Court against the landlord if the landlord fails to provide prior warning of the impending eviction. It is also illegal for the landlord to cut off the tenant's access to utilities like electricity and water.

Now you know all about the rights of tenant under Transfer of Property Act.