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What are the legal rights of tenants in India?
Tenants’ rights and obligationsIntroductionRights as a private tenantObligations of a tenantHow to applyWhere to applyIntroductionYour main legal rights and responsibilities as a tenant derive from landlord and tenant law as well as from any lease or tenancy agreement between you and your landlord.The main legislation covering these rights and obligations is contained in the Landlord and Tenant Acts 1967 to 1994, the Residential Tenancies Act 2004 and the Residential Tenancies (Amendment) Act 2015.(However, if you are renting a room in your landlord's home you are not covered by landlord and tenant legislation, though you are covered if you rent a self-contained flat in your landlord’s home. Read more in our document on sharing accommodation with your landlord.)Leases or other tenancy agreements cannot take away from your rights under the legislation, but you and your landlord can agree on matters that are not dealt with in it.Recent changesThe Planning and Development (Housing) and Residential Tenancies Act 2016provides for several changes. However, not all of these provisions are yet in effect.The provisions that are now in effect include:Measures to prevent the simultaneous serving of termination notices on large numbers of residents in a single developmentIncreased security of tenure for tenancies created from 24 December 2016Designation of Rent Pressure Zones, in which rent increases will be capped - with effect from 24 December 2016Simplified procedures for dispute resolutionExtending the tenancy cycle for Part 4 tenancies from 4 years to 6 yearsRequiring a landlord to give a reason when terminating a Further Part 4 tenancy in the first 6 monthsThey also include restrictions on the sale of 10 or more rented units in a development (the “Tyrrelstown amendment”).The Residential Tenancies Board has detailed information on the changes that took effect from 24 December 2016 and 17 January 2017.Rights as a private tenantYou are entitled to quiet and exclusive enjoyment of your home. If noise from other tenants or neighbours is disturbing you, ask them to stop and also inform your landlord. If this does not work, you can make a formal complaint.You are entitled to certain minimum standards of accommodationYou are entitled to a rent bookYou have the right to contact the landlord or their agent at any reasonable times. You are also entitled to have appropriate contact information (telephone numbers, email addresses, postal addresses, etc.)Your landlord is only allowed to enter your home with your permission. If the landlord needs to carry out repairs or inspect the premises, it should be by prior arrangement, except in an emergencyYou are entitled to reimbursement for any repairs that you carry out that are the landlord's responsibilityYou are entitled to have visitors to stay overnight or for short periods, unless specifically forbidden in your tenancy agreement. You must tell your landlord if you have an extra person moving inYou are entitled to a certain amount of notice of the termination of your tenancyYou are entitled to refer any disputes to the Residential Tenancies Board (RTB) without being penalised for doing soYou have the right to a copy of any register entry held by the RTBdealing with your tenancyAll homes for rent must have a Building Energy Rating (BER), stating how energy-efficient the home is. This will help you to make an informed choice when comparing properties to rent.Rights of housing association tenantsIf you are renting from a housing association, a co-operative or similar voluntary organisation (known as approved housing bodies or AHBs) your tenancy now comes under the residential tenancies legislation and you have most of the same rights that private tenants have. However, there are some differences:You may not assign or sublet the tenancyRent reviews will be carried out in accordance with the tenancy agreement (if there is one) or else no more than once a yearWhile most tenants of AHBs will get security of tenure – known as Part 4rights – after 6 months or more into the tenancy, this does not apply if you are living in transitional accommodation and the tenancy is for 18 months or lessThe landlord’s right to terminate a Part 4 tenancy for the reason that they require the dwelling for their own or family member occupation does not apply to AHB tenanciesThe minimum standards for food preparation, storage and laundry purposes do not apply to AHBs, so they do not have to provide their tenants with white goods, such as washing machinesSecurity of tenureIf you have been renting for at least 6 months and have not been served with a valid written notice of termination, in general you automatically acquire security of tenure and can stay in the property for a number of years.If your tenancy started on or before 24 December 2016, this period is 4 yearsIf your tenancy started after 24 December 2016, this period is 6 yearsThis security of tenure continues in 6-year (formerly 4-year) cycles.So, after the first 6 months, your tenancy becomes what is known as a Part 4 tenancy – this refers to Part 4 of the Residential Tenancies Act 2004, which deals with security of tenure. Read more in our document Private tenants: security of tenure.This right to remain is subject to certain rights that the landlord continues to have. The landlord may reclaim the property for a number of reasons – read more in our document If your landlord wants you to leave.Paying and reclaiming your depositYou will probably have to pay a security deposit when you agree to rent the property. The landlord holds this deposit as security to cover any rent arrears, bills owing or damage beyond normal wear and tear at the end of the tenancy. There are no rules about the amount of the deposit, but it is usually equal to one month’s rent.Threshold provides useful tips on what to bear in mind before you pay a deposit, including a guide to avoiding scams (pdf). Your landlord must provide you with an inventory of the contents of the property. It is advisable to record the condition of everything that is listed, taking photos if possible, and agree this in writing with your landlord.In general, when you leave a property at the end of the agreed rental period or after giving the agreed notice, the landlord must return your security deposit, promptly and in full. Read Threshold’s advice on getting your deposit back.However, if you leave before the end of the agreed period, the landlord may keep your deposit, even if you have given notice. (You may also be liable for the amount of rent due until the end of the lease, depending on what is stated in the lease agreement.)The landlord may keep part or all of the deposit in the following situations:Rent arrearsUnpaid billsDamage above normal wear and tearIf you have not given adequate noticeThe landlord may not hold your possessions against money that you owe, but he can apply to the RTB if he feels that your deposit does not cover rent arrears or the cost of damage to the property.The Residential Tenancies (Amendment) Act 2015 provides for a new tenancy deposit protection scheme. These provisions are not yet in effect.Obligations of a tenantYou must:Pay your rent on timePay any other charges that are specified in the letting agreement, for example, waste collection charges; utility bills; management fees to the management company in an apartment complex – see ‘Other charges and payments’ belowKeep the property in good orderInform the landlord if repairs are needed and give the landlord access to the property to carry out repairsGive the landlord access (by appointment) for routine inspectionsInform the landlord of who is living in the propertyAvoid causing damage or nuisanceMake sure that you do not cause the landlord to be in breach of the lawComply with any special terms in your tenancy agreement, oral or writtenGive the landlord the information required to register with the RTB and sign the registration form when asked to do soGive the landlord proper notice when you are ending the tenancyYou should note that it may be more difficult to assert your rights if you have broken conditions of your tenancy.Other charges and paymentsThe owner (your landlord) is responsible for paying the Local Property Tax to the Revenue Commissioners. There may be an agreement that you will pay this amount, but your liability will be to the landlord and not to Revenue.Whether or not you have to pay for services such as heating, electricity, gas or TV connections depends on the terms of your letting agreement. In practice, if you are renting a house, you are likely to be liable for all these charges.Multi-unit developmentsIn some multi-unit developments, such as apartment complexes, the heating may be operated centrally and you may not have to pay separately for it. In some complexes, cable TV may be supplied. In most complexes, bin collection is organised by the management companyand you may not have to pay charges for this.There are annual charges in multi-unit developments to pay for the maintenance, insurance and repair of common areas; for the provision of common services to unit owners; and to contribute to a sinking fund for non-routine refurbishment and maintenance expenses. Your landlord may pass these charges on to you if this is agreed, but if they are not paid, the owners’ management company may pursue the owner (the landlord) for them.Private tenancies and receivershipIf your landlord’s mortgage is in arrears and the mortgage lender has appointed a receiver, you must pay the rent to the receiver, but it is the landlord who remains legally responsible for matters such as returning your deposits. The receiver may arrange for repairs to be carried out, but it is unclear whether the receiver is required to do this or whether the receiver takes on any of the responsibilities of a landlord.Read more in Banking and Payments Federation Ireland’s Residential Tenant’s Guide to Receivership and in Threshold’s tips for tenants when a property is in receivership (pdf).Tax issuesIf your landlord lives outside the State, you must deduct tax for the rent and account for it to the Revenue Commissioners.If you pay income tax and you were already renting on 7 December 2010, you may be eligible for some tax relief on the rent. This tax relief is being phased out.Read more about these issues in our document on tax issues for tenants.
What is the best case of “You just picked a fight with the wrong person” that you've witnessed?
At the risk of sounding like bragging, this was really just an incident of me being too proud and stubborn to give up when people were being hurt. It's a family tradition.See, I spent a career — or a good slice of it — working in some very controversial areas of civil rights and civil liberties, both domestic and internationally. And some of this work had me working with authorities, and some against corrupt authorities, or supporting those opposing corruption.So yes, I was forcibly retired from being a somewhat scholarly badass. But I thought that was entirely behind me.I was in a bad car accident some years back, had a stroke, some serious damage to mobility and so on that just didn't come back after years.It was bad enough that I was declared fully disabled only six months after applying for Social Security Disability (it can take years, especially for “invisible disabilities”) and my son was forgiven his ROTC obligations to come home and care for me on “only child.”But like many young men, my son wasn't a great caregiver for an invalid. We decided together that an assisted living facility about ten minutes walk away would keep us close and be better for my health overall. He was having problems finding steady work, and I was depending on my fixed income, so we were incredibly fortunate to have Elder Services place me in a facility that took Medicare/Medicaid so close by.So we thought.But even before I moved in there were odd signs. I won't go into everything, but the executive director was a bully and very arbitrary about a great many things that only served to assert her control over the residents. Nurse Ratchett.Her background was not in nursing, care, social work, or nonprofit administration — but in managing suburban strip mall hotels.The cafeteria was a dietician's nightmare, and the dietician who came in every few months confided that she knew it.There was no transportation option and the facility was in a hilly area, in a dip adjacent to commuter rail tracks. With a walker, it was impossible for me to get up the hill to the bus most of the year. They didn't even keep the paths around the building open so you could walk for exercise.There seemed like some bad decisions related to keeping us healthy and connected to the community.But also, without a way to get to a bank or post office, many of our poorer residents were unable to get money orders to pay rent on time. I had lost my bank account after my stroke when my partner had spent the tax money on household expenses (the accident was April 1st — I calculated to owe taxes and had Quicken sequester them in an interest account until tax day).After the accident, never having been able to make that up, any money I put in a bank account would be garnished.Many of the poor and disabled end up in these situations. The facility would not let us pay with our social security stored value cards, and so a taxi and money order fees could add loan shark overhead to some of our budgets.This led to badgering people, and this and other things started to make it clear that there was an effort to reduce the “charity” population to increase the more profitable private pay residents.We did have resident meetings once a month, and I started bringing issues up, always constructively suggesting improvements. After all, I'd spent a good slice of my career in nonprofit administration, and this woman might not be familiar with all the resources that could help. I also started to distribute contact information for the state ombudsman office for assisted living facilities.That was when things got worse.One day, the manager and her assistant knocked on my unit door and demanded entry. I was lucky to have a friend visiting — sadly it was because my mother had died the day before.The manager entered and told me that there had been complaints of a bad smell coming from my unit. There was no bad smell. My friend smelled nothing but the tea we were drinking. The manager said there was a stench and the unit was full of trash (my friend had taken me shopping and we hadn't put away the non-perishables yet) and she was writing me up.I pointed out to her calmly but firmly, that if her intent was to inspect my unit, Massachusetts tenant law required she give me 24h notice, that several nurses had been in for my meds and could testify that the unit was neat as a pin and no smell — and I was in no mood to deal with this sort of harassment the day after my mother had passed.She had the decency to be slightly taken aback at that (she was, as I remember, Italian Catholic).I asked her to leave. And when I asked her to leave she told me I had no right. Having worked with Massachusetts tenants dealing with horrible landlords, I was able to practically quote my rights on the 24h notice and “quiet enjoyment” of my leased premises, and suggested she speak to her lawyer.I ushered them out, and once I heard them well down the hall I slumped and began to cry.I had spoken to the ombudsman. She had told me, outright, that many people had called her with complaints from the facility, but since the complaints had to be filed with the resident’s name attached, no one would complete the process. I was the first willing to risk this kind of retaliation.I was younger than many of the residents, I knew the law, my son would back me. This could not go on. It was elder abuse, disabled abuse, and abuse of taxpayer money.I paid little enough to stay there — though it left me nothing much in my pocket. They took almost all of my writing money and all of my social security, leaving me enough for toilet paper and toothpaste, basically.But the state and federal government paid nearly $6000 a month for my care. All of us were making them quite good money for the shaming we received.I spoke again to the ombudsman and asked what I had to do to create an evidentiary trail? And we took it from there.The more I pushed for their compliance with the law, the more they retaliated and broke the law. I was actually amazed. They went to extreme lengths.They stole items from my unit (the nursing/CNA staff had keys). This was a not uncommon thing for any of the residents, particularly “troublemakers,” and if relatives complained the staff would gaslight about the individual having memory problems and misplacing things.Well, I got myself a little WiFi security camera, and collected incidents.To double down on their case, they went into my elder services health evaluation and altered my medical records — which is a felony. These records were in handwriting, and the alterations were in a different ink and different handwriting. They came to ask me to sign the evaluation (usually Elder Services would and I thought I had already signed it), saying it was routine. I said I wanted to look through it.It included remarks in the alterations that I was showing signs of psychosis and dementia.I declined to sign, noted the alterations and took a picture of them with my phone as they snatched them away.The next day I went to the head of nursing, and confronted her. She dugout the forms, and seemed as shocked as I was. She made me a full photocopy.I pointed out to her that as a mandatory reporter, she was obliged to report this. She said she'd file a report — through the front office.I was stunned. Through the front office? Was she joking?That was their procedure, she told me.I brought her back the law and nursing board information later that showed that if she didn't report it directly, she could lose her license.Nothing was reported. But at least I got my copies.I am leaving so much out…Elder Services was nearly no use. Privately they supported me, but they pointed out how few beds there were for Medicare/Medicaid assisted living in the area. They still had to place people there. They couldn't directly confront the management. My original social worker advised me flatly not to do it. I asked for another social worker.It was a very hard year-ish. This was happening, my mother had passed, my health was bad. But to be honest, I went into that facility thinking my life was over, that I was little use to society any more.By the time I left, the manager had been fired, the facility was under observation by the ombudsman's office for signs of further violations, abuse, or retaliation, and I had given courage to the residents to know their rights and insist on them, regardless of pay status, and to support one another.But the best thing Elder Services did was get me a slot in a HUD elder housing facility, on a flat area, a half block from a bus route, a tiny little studio with a kitchenette where I could cook my own meals, and a door that locked.I call it my elder dorm room. After that trauma, it's pretty much heaven, just to have privacy, and help only when I need it.And the ombudsman made the assisted living pay for professional movers to do a full service move for me. At least, I assume she did.It wasn't standard procedure.And it's very hard to believe the assisted living did it out of the goodness of their hearts.
What are some case laws related to lessee right in India?
In India not every person has his/her own home but every one dreams for the same. A Lessee or tenant is a person who has possession of real or personal property under lease.Rights as a tenantYou are entitled to quiet and exclusive enjoyment of your home. If noise from other tenants or neighbours is disturbing you, ask them to stop and also inform your landlord. If this does not work, you can make a formal complaint (in the police station of course).You are entitled to certain minimum standards of accommodationYou are entitled to a rent book.You have the right to contact the landlord or their agent at any reasonable times. You are also entitled to have appropriate contact information (telephone numbers, email addresses, postal addresses, etc.)Your landlord is only allowed to enter your home with your permission. If the landlord needs to carry out repairs or inspect the premises, it should be by prior arrangement, except in an emergency.You are entitled to reimbursement for any repairs that you carry out that is the landlord's responsibility.You are entitled to have visitors to stay overnight or for short periods, unless specifically forbidden in your tenancy agreement. You must tell your landlord if you have an extra person moving in with you.You are entitled to a certain amount of notice of the termination of your tenancy.You are entitled to refer any disputes to the Residential Tenancies Board (RTB) without being penalised for doing so. There are different sub divisions too such as RWAs (Resident Welfare Association).You have the right to a copy of any register entry held by the RTB dealing with your tenancy.All homes for rent must have a Building Energy Rating (BER) stating how energy-efficient the home is. This will help you to make an informed choice when comparing properties to rent.Tenants of Housing AssociationsIf you are renting from a housing association, a co-operative or similar voluntary organisation (known as approved housing bodies or AHBs) your tenancy now comes under the residential tenancies legislation and you have most of the same rights that private tenants have. However, there are some differences:You may not assign or sublet the tenancyRent Reviews will be carried out in accordance with the tenancy agreement (If there is one) or else no more than once a year.The minimum standards for food preparation, storage and laundry purposes do not apply to AHBs, so they do not have to provide their tenants with white goods, such as washing machines.Security of TenureIn general, you may have security of tenure for 4 years, though your landlord may end the tenancy during the first 6 months without giving any reason. After 6 months, you have the right to stay for a further 3 years and 6 months, provided you keep the terms of the contract. These provisions are in Part 4 of the Residential Tenancies Act 2004, so a tenancy that is in existence for more than 6 months is known as a Part 4 tenancy. All tenancies are deemed to end after 4 years.If you continue to be the tenant at the end of the 4 years, you have a Further Part 4 tenancy. You may stay in the property but you are considered to have a new tenancy.If you intend to stay in the property, you should inform your landlord in writing between 3 months and 1 month before the expiry of your fixed-term tenancy or lease agreement.This right to remain is subject to certain rights that the landlord continues to have. The landlord may reclaim the property for a number of reasons if he wants you to leave.Obligations of a tenantYou must:Pay your rent on time.Pay any other charges that are specified in the letting agreement, for example, waste collection charges; utility bills; management fees to the management company in an apartment complex – see ‘Other charges and payments’ below.Keep the property in good order.Inform the landlord if repairs are needed and give the landlord access to the property to carry out repairs.Give the landlord access (by appointment) for routine inspections.Inform the landlord of who is living in the property.Avoid causing damage or nuisance.Make sure that you do not cause the landlord to be in breach of the law.Comply with any special terms in your tenancy agreement, oral or written.Give the landlord the information required to register with the RTB and sign the registration form when asked to do so.You should note that it may be more difficult to assert your rights if you have broken conditions of your tenancy.Other Charges and PaymentsThe owner (your landlord) is responsible for paying the Local Property Tax to the Revenue Commissioners. There may be an agreement that you will pay this amount, but your liability will be to the landlord and not to Revenue.As the tenant of a property, you are the occupier and are responsible for paying the water charges.Whether or not you have to pay for services such as heating, electricity, gas or TV connections depends on the terms of your letting agreement. In practice, if you are renting a house, you are likely to be liable for all these charges.Multi-Unit DevelopmentsIn some multi-unit developments, such as apartment complexes, the heating may be operated centrally and you may not have to pay separately for it. In some complexes, cable TV may be supplied. In most complexes, bin collection is organised by the management company and you may not have to pay charges for this.There are annual charges in multi-unit developments to pay for the maintenance, insurance and repair of common areas; for the provision of common services to unit owners and to contribute to a sinking fund for non-routine refurbishment and maintenance expenses. Your landlord may pass these charges on to you if this is agreed, but if they are not paid, the owners’ management company may pursue the owner (the landlord) for them.These are some of the rules that I knew and some help was taken from the site below : http://www.citizensinformation.is/housing.comHope this would help in your career..All the best !!
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