What are tenancy rules in case of the Landlord’s death show that there is an active tenancy law that is to be followed both by the landlord and the tenant. There are different rights and responsibilities that are to be followed by the landlord and the tenant. There are set and pre-defined legal rights for tenants in India. The legislations that are governing the rights and obligations are under the Tenants act 1967 to 1994. There are several amendments made in the legislation and one of these took place on 17 January 2017. Moreover, if the landlord is letting out any property for rent then there are certain rules and regulations that are to be followed under the landlord and tenant act India.
One of these rules is that both parties need to have a written agreement with mentioned terms of tenancy. But what if the landlord dies then what would be the regulations that need to be followed as per the landlord and tenant act India? So, check these out below.
Legal rights of tenants in India
As per the new legislation and the Residential Tenancies Act 2016, it is noted that the following are the legal rights of tenants:
- The tenant has the right to the enjoyment of the home
- He has the right of accessing certain accommodation facilities
- A rent book should be maintained
- The landlord can be contacted at reasonable times
- A certain amount of notice periods should be given before the termination of tenancy. If not done so, he can refer disputes.
There is the security of 4 years tenure but it can be ended within the first 6 months without giving any reason as per the landlord and tenant act India.
Legal rights of the Landlord
The main point of interest in a rental agreement is the property, and the property needs to be protected from unfair exploitation.
- The landlord has the right to evict the tenant within 6 months without any reason but after that, the landlord needs to approach the court. For such cases, one can contact a property lawyer.
- There is no limit on rent, so the landlord can charge the reasonable and desired rent and increase it with time.
- The landlord even has the right to possess the property in order to alter it and improve its conditions, but these should not bring any loss to the tenant.
Tenancy rules in case of Landlord's death
If the landlord dies then the status of the tenant cannot be obviated. The remedy that can be followed is that the eviction proceedings can be followed as stated in the rent laws. If the authority agrees on sufficient grounds that the order regarding eviction of the tenant is to be passed only then the tenant has to vacate the premises.
Protection of tenant
As per the Tenant and landlord laws in India, statutory protection is granted in order to provide benefits to the tenants under the different tenancy laws. Also, it is the standpoint of view that the rights of a particular class are to be protected. Restrictions are imposed in order to protect the rights of tenants and they cannot be let out of the premises.
The tenant has the right to occupy the premises even after the death, and it is the result of statutory enactment. Also, as per the East Punjab Urban rent restriction Act 1949, the tenant has a protected status. Furthermore, Lex Solutions offers people a wide range of legal jurisdictions and they are the changemakers to make valid changes in society.
Things to remember:
- The tenant has the right to enjoy a like home on the property.
- The landlord needs to give prior notice to the tenant before an eviction
- The landlord can only enter with the permission of the tenant.
- The tenant even needs to pay a security deposit to rent the property.
- Even if the landlord dies, the tenant cannot be evicted without proper legal proceedings.
Q. How much security does the tenant need to give?
The tenant needs to deposit a security deposit of 1.5 times of rent. The security deposit is not required if the units are two or less than two.
Q. What happens if the landlord dies and the family wishes to evict the tenant?
If such a situation arises then the tenant cannot be evicted without legal proceedings. Moreover, prior notice needs to be given to the tenant.
Q. What happens if the tenant is not paying the rent?
If the tenant does not pay the rent on the due time, then the landlord can file a complaint regarding the eviction. Moreover, if the rent and any fees that are required to be paid are not paid then the tenants can be evicted.
Q. What does the notice to cease to mean?
As per the lease agreement law in India, the landlord can issue a warning advising you to halt certain conduct. The tenant, however, has the opportunity to cure the defect by agreeing to the terms and as a result, the landlord can take the notice back.
Q. What happens when the tenant breaches the rules of the lease?
If the tenant breaches the terms and conditions of the lease then the landlord can give a notice to the tenant to cease the lease. The landlord can even ask the tenant to vacate the premises.
Q. What happens if the tenant does not get prior notice to evict?
If the tenant does not receive any prior notice to evict, then he can involve the authorities to look into the matter, and jurisdictions are involved.
Q. If the landlord does not make repairs, is the rent needed to be paid?
In case repairs are needed then, the tenant needs to inform the landlord about it. Notice needs to be provided, and defence of habitability can be raised.
Q. Can the landlord change the existing agreement of rent?
If the landlord and the tenant both agree to the change, then the existing agreement can be changed, and a new rental agreement can be signed.
Q. What the landlord is required to do if the tenant leaves his personal belongings?
The landlord is required to store these, take photographs and provide a written inventory of them to the tenant.