- Housing is a basic necessity, and for millions of Indians, renting a house is the only practical option. However, tenants often face insecurity due to the threat of eviction by landlords. Indian law provides several protections to tenants to ensure that they are not arbitrarily thrown out of their homes.
- Tenancy laws in India vary from state to state, but most are based on the principle that landlords cannot evict tenants without following due process of law. This means that unless the tenant has violated the terms of the agreement, stopped paying rent, or used the premises for unlawful purposes, eviction cannot be carried out merely on the landlord’s desire.
- Courts have repeatedly stressed that tenants cannot be dispossessed without following legal procedures. If a landlord wishes to evict a tenant, they must file a case before the Rent Controller or appropriate court and obtain an eviction order. Until such an order is passed, the tenant has the right to remain in possession.
- In addition to protection from arbitrary eviction, tenants also enjoy other rights. They are entitled to receive a proper rent receipt, to have the premises maintained in habitable condition, and in many states, to have rent increases regulated by law. Tenants also have the right to object to unlawful demands for premium or security deposits beyond what is permitted.
- At the same time, the law seeks to balance the rights of landlords. If tenants fail to pay rent or misuse the property, landlords can seek eviction through proper legal channels. Thus, the system aims to protect both sides while preventing abuse.
- For tenants, the practical advice is to always insist on a written rental agreement, preserve rent receipts, and be aware of the specific tenancy law applicable in their state. In case of disputes, approaching the Rent Controller or court is far safer than engaging in confrontations with landlords.
- In conclusion, tenancy rights are an important aspect of social justice. By protecting tenants against arbitrary eviction and ensuring fair practices, the law recognizes housing as more than a contract, it is a matter of dignity and security.
