Rented house damaged in a flood or earthquake? Do you still have to pay rent to your landlord? Here's what the law says

Natural disasters such as floods, earthquakes, cyclones and landslides can leave tenants struggling with damaged homes, disrupted lives and uncertainty over rent payments. In such situations, Indian laws, including the Transfer of Property Act, 1882, and the Model Tenancy Act, 2021, lay down the rights and responsibilities of both tenants and landlords when a rented property becomes uninhabitable due to a force majeure event.

These laws deal with key issues such as rent liability, lease termination, security deposit refunds, repairs and the continuation of tenancy after a natural calamity.

Can a tenant terminate a lease after a natural disaster?

The Transfer of Property Act, 1882 applies across India unless it is overridden by state-specific rent control or tenancy laws.


Under Section 108(B)(e) of the Act, a tenant has the option to treat a lease as void if the rented property becomes unfit for occupation after being wholly or substantially destroyed due to force majeure events such as fire, flood, storm, mob violence or any other irresistible force. This protection applies only if the damage was not caused by the tenant.

However, the lease does not end automatically. The tenant must choose whether to terminate the tenancy. If the tenant decides to continue occupying the property, rent remains payable.

The provision also applies only when the damage is substantial and permanent. Temporary or repairable damage does not automatically end the tenancy.

When can landlords stop charging rent?

The Model Tenancy Act, 2021 provides additional safeguards for tenants affected by natural disasters. The law has been adopted by Uttar Pradesh, Andhra Pradesh, Tamil Nadu and Assam.

According to Section 15(6) of the Act, landlords cannot collect rent if the rented premises become uninhabitable because of a force majeure event. Rent can only be charged again after the property has been restored to a liveable condition.

What happens to the security deposit?

If the property cannot be repaired or the landlord fails to restore it, the landlord must refund the tenant's security deposit and any advance rent within 15 days after the notice period.

However, the landlord may deduct any outstanding lawful dues payable by the tenant before making the refund.

Can tenants stay after the lease expires?

The Model Tenancy Act, 2021 also protects tenants whose fixed-term rental agreements expire during a force majeure event.

Under Section 5(3), if the tenant requests, the landlord must allow them to continue staying in the property for one month after the disaster ends on the same terms and conditions as the original agreement.

Can landlords enter the property during emergencies?

Normally, landlords are required to give tenants 24 hours' notice before entering a rented property for repairs or inspection.

However, this notice requirement does not apply during emergencies arising from natural calamities, allowing immediate access for urgent repairs or safety measures.

Although no law can reverse the damage caused by a natural disaster, the Transfer of Property Act, 1882, and the Model Tenancy Act, 2021, provide a legal framework to help tenants and landlords deal with the aftermath.

Understanding these provisions can help tenants determine whether they can terminate a lease, whether rent is still payable, when they are entitled to a refund of their security deposit, and what protections are available if their rental agreement expires during a disaster. It can also help both parties avoid unnecessary legal disputes during an already difficult time.