Can Tenants Refuse Rent for Lack of Maintenance?

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.