In India, tenants have certain rights when it comes to repairs and maintenance of the rented property. These rights are usually outlined in the tenancy agreement and the laws governing landlord-tenant relationships in the state where the property is located. Here are some of the key rights of tenants: Right to Safe and Livable Housing: Landlords are required to provide tenants with safe and livable housing. This includes ensuring that the property is in good repair, free from defects that can cause injury or illness to tenants. Right to Repairs and Maintenance: Landlords are responsible for making repairs and maintaining the rental property. Tenants can request repairs and maintenance by giving a written notice to the landlord. If the landlord fails to make necessary repairs and maintenance, tenants can approach the local housing authority or consumer court to seek redressal. Right to Privacy: Tenants have a right to privacy and peaceful enjoyment of the property. Landlords cannot enter the property without giving notice to the tenant, except in cases of emergency. Right to Withhold Rent: In case of serious maintenance issues, tenants have the right to withhold rent until the landlord makes the necessary repairs. However, this should be done only after giving written notice to the landlord and providing a reasonable time to fix the issue. Right to Seek Compensation: Tenants have a right to seek compensation for damages or losses caused by the landlord's failure to maintain the property. This can include compensation for loss of property, medical bills, and other related expenses. It is important for tenants to be aware of their rights and responsibilities as outlined in the tenancy agreement and the laws governing landlord-tenant relationships in their state. They should also maintain a record of all communication with the landlord, including requests for repairs and maintenance, in case of any future disputes.

Dear client, In India, the rights of tenants regarding repairs and maintenance of a rented property are governed by various laws, including: • The Rent Control Acts (State-specific laws) • The Transfer of Property Act, 1882 • The Indian Contract Act, 1872 These laws ensure that a tenant can live in a well-maintained property and define the responsibilities of both landlords and tenants for repairs and maintenance. Rights of Tenants Regarding Repairs and Maintenance 1. Right to a Habitable and Well-Maintained Property Every tenant has the right to live in a property that is structurally safe, clean, and fit for habitation. The landlord is responsible for ensuring that the premises are in good condition at the time of renting. If the property becomes uninhabitable due to lack of maintenance, the tenant has the right to demand repairs. 2. Landlord’s Responsibility for Major Repairs In most cases, landlords are responsible for major structural repairs, including: • Fixing leaks in roofs and walls • Repairing electrical wiring and ensuring the safety of electrical fittings • Maintaining plumbing and drainage systems • Addressing any structural damage (e.g., cracks in walls, foundation issues) • Ensuring that the property complies with safety and sanitation laws If the landlord fails to undertake necessary repairs, the tenant can file a legal complaint or, in some cases, deduct repair costs from the rent after giving due notice. 3. Tenant’s Responsibility for Minor Repairs While major repairs are the landlord’s responsibility, tenants are generally responsible for day-to-day maintenance, such as: • Keeping the property clean and in good condition • Fixing minor plumbing issues (e.g., clogged sinks, leaking taps) • Repairing small damages caused by personal negligence or misuse However, if damage occurs due to natural wear and tear, the landlord may be required to undertake the repair. 4. Right to Request Repairs If the rental property requires repairs, the tenant has the right to notify the landlord and request timely maintenance. The request should preferably be in writing (via email, letter, or WhatsApp) to maintain a record. If the landlord refuses or delays necessary repairs, the tenant can: • Approach the local rent authority or consumer court • Seek compensation or a reduction in rent • Get the repairs done and deduct the cost from rent (if legally permissible) 5. Protection Against Unfair Repair Costs A landlord cannot force a tenant to bear the cost of major repairs unless specified in the rental agreement. If the rental contract has an unfair clause shifting major repair responsibilities to the tenant, it can be legally challenged. 6. Right to Essential Services and Utilities Landlords must ensure that tenants have access to essential utilities such as: • Water supply • Electricity • Gas connection • Proper drainage and sanitation If these essential services are disrupted due to the landlord’s negligence, the tenant can take legal action. 7. Protection from Retaliatory Eviction A landlord cannot evict a tenant just for requesting necessary repairs. If the landlord tries to evict the tenant as retaliation, the tenant can challenge the eviction in court. Legal Remedies for Tenants If a landlord fails to carry out necessary repairs, the tenant can: 1. File a complaint with the local rent authority or housing board 2. Approach the consumer court (if negligence affects health or quality of life) 3. Withhold part of the rent (if allowed under state laws or rental agreement) 4. Terminate the rental agreement (in cases of severe negligence affecting habitability) We hope this clarifies your query. Please feel free to reach out for further assistance. Thank you.

Dear client, In the Indian legal context, the rights of tenants concerning repairs and maintenance of rented properties are grounded in various laws, particularly the state-specific Rent Control Acts, the Indian Contract Act of 1872, and the general principles of tenancy law. These legal frameworks collectively dictate the obligations and rights of both landlords and tenants, particularly concerning the upkeep of the premises. 1. Right to Habitable Premises: Tenants have the fundamental right to a habitable living space. This implies that the property must be safe, secure, and fit for living. Basic amenities such as functioning plumbing, electrical systems, and sanitary conditions must be maintained by the landlord. If the property is found to be in a state of disrepair that makes it uninhabitable, tenants can assert their right to request repairs. 2. Landlord's Obligation to Maintain: Generally, landlords are obligated to maintain the property in good repair. This includes structural repairs, maintenance of common areas, and ensuring that essential services like water supply and electricity are operational. Tenants may hold landlords accountable for non-compliance with these obligations, which can lead to legal actions if the situation remains unresolved. 3. Right to Request Repairs: Tenants have the right to formally request necessary repairs from their landlords. This request should ideally be made in writing, detailing the nature of the repairs needed. Keeping a record of such requests can be crucial if a dispute arises later on, especially if the landlord fails to take action. 4. Repair and Deduction of Rent: In certain scenarios, if landlords neglect to carry out essential repairs after being notified, tenants may have the right to take matters into their own hands, provided that such actions are reasonable. Some state laws allow tenants to undertake necessary repairs and deduct the cost from their rent. However, this should be approached cautiously and ideally after securing consent or advice to avoid potential disputes. 5. Right to Withhold Rent: In specific instances, tenants may withhold rent until significant repairs are made, especially if these repairs affect habitability. However, the legal standing for this action can vary depending on state-specific laws, and tenants should, if possible, seek legal advice before resorting to this. 6. Right to File a Complaint: If landlords do not fulfill their obligations for necessary repairs, tenants can file a complaint with the local rent control authority or housing board, depending on the jurisdiction. This can initiate a compliant process where authorities may intervene to ensure necessary repairs are executed. 7. Protection Against Retaliation: Indian law protects tenants from retaliation by landlords for asserting their rights regarding repairs and maintenance. If a tenant requests repairs or initiates any legal proceedings related to maintenance issues, the landlord cannot evict them or harass them for exercising these rights. We hope this clarifies your query. Please feel free to reach out for further assistance. Thank you.