Can Tenancy Rights be Transferred?

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Akshay

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March 27, 2024

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Rent and Lease

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Swati mishra · Answer 1 · 2024-03-27T16:42:19+00:00

The transfer of tenancy rights depends on the specific laws and regulations governing tenancy in the particular state or union territory.

Tenancy rights can be transferred through an assignment of lease, where the current tenant (assignor) transfers their rights and obligations under the lease agreement to another person (assignee). However, this transfer typically requires the consent of the landlord.
In some cases, tenants may have the right to sublet a rented property to another person, known as a subtenant. This arrangement allows the original tenant to retain their rights and obligations under the lease agreement while allowing another person to occupy the property and pay rent.

However, subletting is usually subject to certain conditions and requires the landlord's consent in most cases.

In certain situations, tenancy rights may be transferred to legal heirs or successors upon the death of the tenant. This is often governed by the Rent Control Act applicable in the state or union territory where the property is located.
The laws regarding succession rights may vary, but typically, family members or legal heirs may have the right to continue the tenancy after the tenant's death.
Tenancy rights may also be affected by the transfer of ownership of the property. For example, if the landlord sells the property, the new owner becomes the landlord, and the existing tenancy agreement may continue according to its terms.
However, in some cases, the new owner may have the right to terminate the tenancy agreement or renegotiate its terms. These are the details of transfer of tenancy rights.