Law4u - Made in India

Can Tenants Refuse Rent for Lack of Maintenance?

Answer By law4u team

In India, tenants cannot outright refuse to pay rent if a landlord neglects maintenance; however, there are legal remedies available to address such situations. The rights and responsibilities of tenants and landlords are governed by the Rent Control Acts of different states and rental agreements.

Legal Framework

  • Obligation to Pay Rent: Under most rent control laws and agreements, tenants are required to pay rent regularly, regardless of maintenance issues.
  • Landlord’s Duty for Maintenance: The landlord is responsible for basic maintenance, including repairs to essential utilities like water, electricity, and sanitation.
  • Section 108 of the Transfer of Property Act, 1882: This law outlines the mutual rights of landlords and tenants, including the duty to keep the property in good condition.

Legal Remedies for Tenants

  • Notice to Landlord: Tenants can issue a written notice requesting necessary repairs. If ignored, it can serve as evidence in legal proceedings.
  • Repair and Deduct: In some states, tenants can get the repairs done themselves and deduct the cost from the rent, provided the landlord was informed and given reasonable time to act.
  • Filing a Complaint: Tenants can approach a rent control tribunal or consumer court for negligence on the landlord’s part.
  • Rent Deposit in Court: Some rent control laws allow tenants to deposit rent with the court if the landlord neglects maintenance, ensuring the tenant is not penalized for non-payment.

Summary

While tenants must continue paying rent, they have legal remedies against landlords who neglect maintenance. These include repair-and-deduct provisions, filing complaints, or depositing rent with the court. Tenants should follow due legal procedures to avoid penalties or eviction.

Our Verified Advocates

Get expert legal advice instantly.

Advocate Rajat Khandelwal

Advocate Rajat Khandelwal

Anticipatory Bail, Court Marriage, Cheque Bounce, Consumer Court, Divorce, Cyber Crime, Criminal, Domestic Violence, Customs & Central Excise, Family, NCLT, Motor Accident, Recovery, Wills Trusts, Revenue, Bankruptcy & Insolvency, Civil, Banking & Finance

Get Advice
Advocate Deepak Boora Khanpur

Advocate Deepak Boora Khanpur

Banking & Finance, Revenue, Bankruptcy & Insolvency, Corporate, Immigration

Get Advice
Advocate Kunal Kumar Singh

Advocate Kunal Kumar Singh

Anticipatory Bail, Arbitration, Armed Forces Tribunal, Bankruptcy & Insolvency, Banking & Finance, Breach of Contract, Cheque Bounce, Child Custody, Civil, Consumer Court, Corporate, Court Marriage, Customs & Central Excise, Criminal, Cyber Crime, Divorce, Documentation, GST, Domestic Violence, Family, High Court, Immigration, Insurance, International Law, Labour & Service, Landlord & Tenant, Media and Entertainment, Medical Negligence, Motor Accident, Muslim Law, NCLT, Patent, Property, R.T.I, Recovery, RERA, Startup, Succession Certificate, Supreme Court, Tax, Trademark & Copyright, Wills Trusts, Revenue

Get Advice
Advocate S S S V Jagannadha Rao

Advocate S S S V Jagannadha Rao

Anticipatory Bail, Arbitration, Bankruptcy & Insolvency, Banking & Finance, Breach of Contract, Cheque Bounce, Child Custody, Consumer Court, Corporate, Court Marriage, Criminal, Cyber Crime, Divorce, Documentation, GST, Domestic Violence, Family, High Court, Insurance, Labour & Service, Landlord & Tenant, Medical Negligence, Motor Accident, Property, R.T.I, Recovery, Succession Certificate, Revenue, Wills Trusts

Get Advice
Advocate Ashwini N

Advocate Ashwini N

Criminal, Civil, Family, Divorce, Cheque Bounce

Get Advice
Advocate Akash Prajapati (oza)

Advocate Akash Prajapati (oza)

Cheque Bounce, Court Marriage, Criminal, Cyber Crime, Divorce, Documentation, Domestic Violence, Family, Motor Accident, Recovery, Banking & Finance

Get Advice
Advocate Shankar D Tadvi

Advocate Shankar D Tadvi

Anticipatory Bail, Civil, Criminal, Domestic Violence, Landlord & Tenant, Motor Accident, Property, Recovery, Succession Certificate, Revenue

Get Advice
Advocate Thakur Nischay Singh

Advocate Thakur Nischay Singh

Corporate, Divorce, Domestic Violence, High Court, Immigration, International Law, Medical Negligence, Succession Certificate, Supreme Court, Revenue, Anticipatory Bail, Cyber Crime, Criminal

Get Advice

General Related Questions

Discover clear and detailed answers to common questions about General. Learn about procedures and more in straightforward language.