Answer By law4u team
Under Indian tenancy laws, tenants have the right to request repairs and maintenance from the landlord, particularly if the property becomes uninhabitable or if essential services (like plumbing, electricity, or structural integrity) are damaged or malfunctioning. The landlord, depending on the terms of the rent agreement, is generally responsible for ensuring that the rented property is habitable and well-maintained.
Tenant’s Right to Demand Repairs and Maintenance:
Landlord’s Duty to Maintain Habitability:
- The landlord has a legal obligation to ensure that the rented property is safe, secure, and habitable. This means that essential services such as water supply, electricity, and plumbing systems must be in working condition.
- If any part of the property, such as plumbing, electrical wiring, or structural elements (like walls or roofs), is damaged, the tenant has the right to request that the landlord make the necessary repairs.
Request for Repairs:
- If the tenant notices any damage or disrepair that affects the habitability of the property, they must notify the landlord in writing (through email or formal letter) requesting repairs.
- The tenant cannot unilaterally carry out repairs without the landlord’s approval, especially if the repairs require significant changes or may affect the property’s value.
Response Time:
- Once notified, the landlord is expected to take action within a reasonable time frame. For essential services such as plumbing or electricity issues, the landlord should address the problem promptly.
- If the landlord fails to address the issue within a reasonable period, the tenant may have the right to seek legal recourse through the Rent Control Act or consumer courts.
Rent Reduction or Withholding Rent:
- If the property becomes uninhabitable due to lack of repairs, the tenant may be entitled to a rent reduction or may even withhold rent until the necessary repairs are made.
- For example, if a tenant’s rented flat is flooded due to broken plumbing, and the landlord does not act to fix it, the tenant may request a partial reduction in rent for the period during which the property is uninhabitable.
Repair Responsibilities Under the Agreement:
- The rent agreement may outline who is responsible for specific repairs and maintenance. Generally, the landlord is responsible for major repairs, while minor repairs like changing light bulbs or fixing clogged drains may fall under the tenant's responsibility.
- It is crucial to refer to the lease terms to understand the division of responsibility for repairs and maintenance. If the landlord is responsible for certain repairs under the agreement, the tenant can demand that they be completed.
Emergency Repairs:
- In the case of an emergency (such as a gas leak, fire hazard, or burst pipe), the tenant can make temporary repairs and should immediately inform the landlord about the situation. The landlord is then required to arrange for permanent repairs.
- If the landlord fails to respond quickly, the tenant may be entitled to seek alternative repairs and charge the landlord for the costs incurred.
Legal Recourse if the Landlord Fails to Make Repairs:
Complaint to Rent Control Authority:
- If the landlord fails to repair or maintain the property in a habitable condition, the tenant can file a complaint with the Rent Control Authority or the local consumer forum for non-compliance.
- Depending on the severity of the situation, the tenant may request compensation for the inconvenience caused by the landlord's neglect.
Court Action:
- If the landlord’s failure to make repairs severely impacts the tenant’s ability to live in the property, the tenant may seek legal action in civil courts. The court could compel the landlord to carry out the repairs, or in extreme cases, allow the tenant to terminate the lease or seek a rent refund.
Eviction of Tenant for Refusal to Pay Rent:
- In some cases, if the tenant withholds rent due to the landlord's failure to maintain the property, the landlord may attempt to evict the tenant. However, the tenant must have justifiable reasons (such as unsafe living conditions) to withhold rent.
Example:
In Delhi, a tenant living in an apartment notices that the water supply system is broken, and there is a constant leakage from the ceiling. The tenant immediately informs the landlord about the issue in writing. The landlord does not respond within 48 hours, and the issue worsens, causing the tenant significant inconvenience.
- The tenant may request a rent reduction for the days the property was uninhabitable.
- If the landlord still fails to take action, the tenant may file a complaint with the local Rent Control Authority or take legal action for the failure to maintain the property.
Conclusion:
Tenants in India have the right to demand repairs and maintenance from their landlords, especially when the property becomes uninhabitable or essential services are disrupted. Landlords are obligated to make necessary repairs within a reasonable time frame, and tenants can seek legal recourse if the landlord fails to comply. Clear communication, written requests, and referencing the rental agreement are key to ensuring tenants' rights are upheld. If repairs are not carried out, tenants may be entitled to rent reduction, withholding rent, or even legal action.
