Renting a home? Key rights every tenant and landlord should know

The verdict may have been 25 years in the making, but for Jyoti Sharma and other landlords in India, it was a welcome decision. The Supreme Court ruling in September last year strengthened the landlords’ position in eviction conflicts with tenants.

In 1953, Ramji Das had rented a shop to Kishan Lal, and before his death in 1999, he willed the property to his daughter-in-law, Jyoti Sharma. However, Kishan Lal’s sons, who took over the business from their father, stopped paying rent in 2000. In 2001, Sharma filed a suit for recovery of rent and eviction on the ground of bona fide need. The defendants disputed the title of Das, claiming the will was fraudulent. Judges J.K. Maheshwari and K. Vinod Chandran observed that “the tenant having come into possession of the tenanted premises by a rent deed executed by the earlier landlord cannot turn around and challenge his ownership”.

“This judgment strengthens landlords in eviction disputes, though it does not weaken the doctrine of adverse possession (which allows a person to claim ownership if they occupy the property openly, continuously and hostilely for around 12 years). The ruling also clarifies that ownership need not be proved in an eviction suit as strictly as in a title suit,” says Rohan Mahajan, Founder, LawRato.com. While the ruling may still not deter encroachers from taking possession of the property, it has provided a boost to the landlords.


What are the rights of tenants & landlords?
Tenants’ rights

• Have the right to privacy & peace without interference from landlord.
• Rent increase should follow due notice and rent agreement terms.
• Eviction should be on legally recognised grounds and as per due process.
• Have the right to essential services like water and electricity.
• Have the right to ask for a written rent agreement.
• Tenants should be given the security deposit on termination of lease.

ALSO READ | Landlord entitled to higher rent if tenant overstays even after seeking more time to vacate property in this situation

Landlords’ rights

• Have the right to inspect property, carry out repairs with due notice.
• Have the right to receive rent on time and take action for unpaid rent.
• Have the right to evict a tenant on legal grounds.
• Have the right to specify mutually agreed upon terms in rent agreement.
• Have the right to refuse sub-letting by the tenant.
• Have the right to retain deposit for unpaid rent, bills, etc.

Rent Control Acts & Model Tenancy Act, 2021

The verdict gains importance in light of the fact that the tenant-landlord relationship has remained skewed in favour of tenants since the enactment of the Rent Control Act, 1948. Intended to protect tenants from random rent increases and unfair evictions, it ended up severely restricting the rights of landlords due to statutory rent caps and the difficulty in evicting tenants. Since housing and land are state subjects, state governments have modified and enforced their own Rent Control Acts over the years to keep up with the changing times. However, the bias continued.

To address this imbalance, the central government came up with the Model Tenancy Act, 2021, framing guidelines that gave equal rights to tenants and landlords, did away with the ambiguity in rent increase, security deposit, cost-sharing for house maintenance, evictions, rent agreement and other areas that needed clarity and transparency. “It provides a useful framework by advocating written tenancy agreements with clearly defined rights, responsibilities, and notice provisions, ensuring that landlords cannot act arbitrarily, and tenants are equally expected to comply with the agreed tenure and contractual obligations,” says Vivek Rathi, National Director, Research, Knight Frank India.

However, only a handful of states have adopted this framework and large parts of the country continue to have a tenuous tenant-landlord relationship due to the inconsistenies and absence of standardised rules. The resulting disputes and expensive litigation are inevitable, but can be avoided if a clear, unambiguous rent agreement is framed, and both the parties are aware of their rights.

Recent verdicts on tenants & landlords
Landlords’ right to eviction
In the Jyoti Sharma vs. Vishnu Goyal case, a landlord-tenant dispute, the Supreme Court ruled in September 2025 that a tenant cannot become the owner of a rented property irrespective of the length of stay. Protecting the landlords’ ownership rights, the apex court judges observed that “the tenant having come into possession of the tenanted premises by a rent deed executed by the earlier landlord cannot turn around and challenge the ownership”.

Eviction cannot be contested if rent not paid

In the P.U. Sidhique vs Zakariya case, the Supreme Court ruled in November 2025 that if the tenants stop paying rent but continue occupying the property, they cannot contest their eviction and shall have to pay the entire rent with arrears and vacate the property. The case related to two shops in Kochi, Kerala.

Tenant cannot dictate terms to landlord

In the Sandeep Kumar vs. Nihal Chand case, the Delhi High Court ruled in October last year that a tenant cannot decide for the landlord which alternative accommodation he can use if the latter declares bona fide need for his property and wants the tenant to vacate the premises.

ALSO READ | Landlord ignoring repair requests? Here’s what tenants can legally do if maintenance is not carried out

Rent agreement

A foolproof, written rent agreement is your best bet against conflicts and favourable ruling in a court of law. “Greater clarity at the time of signing the lease remains the most effective way to minimise disputes and foster a more transparent rental market,” agrees Rathi.

“A rent agreement must include the names of both the parties, address of property, rent, date of payment, security deposit, tenure, renewal terms, notice period, maintenance responsibilities, access and inspection rules, and consequences of breach,” says Santhosh Kumar, Vice Chairman, ANAROCK Group.

“It should also include maintenance and utility obligations, responsibility for repairs and damage, normal wear and tear, rent escalation, lock-in period, notice and termination clauses, restrictions on sub-letting and alterations, inventory of fixtures, consequences of overstaying, dispute resolution and signatures,” adds Mahajan.

For tenants, it’s important that the periodicity and percentage of rent increase are mentioned, and that it is in accordance with the fair market rates. Equally crucial is proper documentation of owner’s status to avoid frauds wherein a tenant sub-lets the property without the owner’s knowledge.

The lease duration, which is usually 11 months, and the minimum tenancy duration should also be listed, along with the amount forfeited if the tenant vacates mid-term, or the penalty if the landlord terminates it. “A written agreement is strongly advisable. Under Section 17(1)(d) of the Registration Act, 1908, a lease of immovable property from year to year, for a term exceeding one year, or reserving a yearly rent must compulsorily be registered. A lease for a term not exceeding one year may be created without compulsory registration, whether in writing or orally, subject to Section 107 of the Transfer of Property Act, 1882,” says Mahajan.

Rent Control Acts vs Model Tenancy Act

Areas of contention

Arbitrary or unreasonable rent hikes, unjustified evictions and cost-sharing for the residential upkeep have remained some of the main areas of conflict between tenants and landlords. Here’s what both the parties should know about their rights.

Privacy & essential services: A tenant has the right to privacy and, if breached by the landlord, can challenge it legally. “Landlords must give a reasonable prior notice, which is typically 24 hours, before visiting the tenants, except in genuine emergencies like fire or flooding. Unannounced or intrusive visits aren’t permitted,” says Ritesh Mehta, Head, North, West & East, Residential Advisory Services, India, JLL.

“Landlords can only enter the property with proper notice in advance for reasons such as inspection, repair, maintenance, etc. The lease agreement should clearly state the reasons for entering,” says Kumar.

The landlord is also not allowed to install CCTV cameras to monitor the tenants as it’s considered an invasion of privacy, according to a 2018 ruling by the Bombay High Court. He’s also bound to ensure basic services like water and electricity, and cannot cut these off in case of a dispute.
Eviction: The Model Tenancy Act, 2021, states that a tenant cannot be evicted without proper notice and legal proceedings, and on grounds that need to be specified. “Eviction isn’t arbitrary. It must follow a due process on specified grounds such as non-payment of rent, misuse of premises, or expiry of the agreement, with proper legal notice,” says Mehta.

Affirms Kumar: “A tenant can only be evicted according to the terms of the rental agreement and the law. The landlord does not have the right to unilaterally terminate a fixed term tenancy prior to its expiration unless there is a breach of agreement as per the rental agreement.”

The reasons can also include destruction or damage to the property, illegal use of property, building a permanent structure without the landlord’s consent, sub-letting property without his knowledge, or if the landlord requires it for his personal use.
Rent rise: The landlord has the right to increase the rent, but cannot do so randomly or mid-term. The hike depends on the market rates, the state’s laws, or the terms of the rental agreement. “The annual rent escalations of around 5-10% are commonly seen in residential leases, while commercial leases generally follow pre-agreed escalation clauses linked to the lease tenure,” says Rathi. The tenant also has the right to be served a notice before the proposed increase. “Any increase requires advance written notice, generally around 90 days, and cannot happen mid-term unless contractually specified,” says Mehta. The frequency of rise can also vary from 11 months to a year, or even once every 2-3 years.

Maintenance cost: A big point of conflict between tenants and landlords is the cost-sharing on the maintenance and upkeep of the house. Major repairs due to age or defects are the landlord’s responsibility and these should be clearly stated in the rental agreement. “Landlords typically bear the cost of structural repairs (roof, plumbing lines, electrical wiring, painting), while tenants handle the day-to-day upkeep (taps, fixtures, minor fittings). Normal wear and tear cannot be deducted from the tenant’s deposit; only actual damage can,” says Mehta.

Deposit: The security deposit is mentioned in the rent agreement and usually amounts to one to three months’ rent. The Model Tenancy Act caps it at a maximum of two months’ rent for residential properties and six months’ rent for commercial properties, but it can vary for different cities. “The amount can differ for cities and property types. Its main purpose is to protect against the possibility of unpaid rent, damage to property or other defaults,” says Kumar.

“While market practices vary, residential security deposits typically range between two and three months’ rent, while commercial leases generally require around six months’ rent or more depending on the asset, fit-out commitments, and contractual terms,” says Rathi.