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Q.

Can Landlords Charge Rent while Buildings are Uninhabitable?

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I hail from West Bengal and let me tell you that the property conditions there, especially in some places like Bowbazar are terrible. They can collapse at any moment but the tenants are okay with it. The rent of those houses is too cheap hence people in order to save money risk their lives. But things are not the same in Bangalore. A friend of mine was living in an apartment and was having serious leakage issues. The owner in the agreement had stated that if it becomes inhabitable, he will not take any charge for it. So to give you the answer to your query: can landlords charge rent while buildings are uninhabitable, I have shared more information below.

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  What to do if a property becomes uninhabitable?

Usually what happens is that if a property is already in a poor condition, the owner makes an agreement that during further damage he will repair the property and then only take the charge. But I know, not everyone is that good. During the recent flood in Bangalore, there were several properties which became uninhabitable. In that case, you need not pay any charge. The landlord should make the necessary repairs and make it habitable again. If he forces you to pay the rent though the apartment is not worth living in, file a complaint against the owner. 

  In what case the owner can claim the charge or rent though the property is uninhabitable?

If the owner believes that the tenant has damaged his/her property then only he/she can claim the cost of damage or rent. Things get very complicated when you live in a poor apartment hence it is advisable to check the apartment thoroughly before finalising the deal. If you feel some repairs need to be done, do discuss those with the owner, draft the agreement accordingly and then start living there.

 

In short, to answer

can landlords charge rent while buildings are uninhabitable, I would say no until it's your fault for making it uninhabitable. 

  Read More:

What can a landlord deduct from your deposit?

Can security deposit be used for unpaid rent?

Can landlord charge tenant for non occupancy of his property?

 
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