I am facing Landlord apathy and bullying
24-Sep-2023 (In Landlord/Tenant Law)
I have rented a flat in Delhi in sharing with other people. Our flat has some issues related to water and balcony door, which have a potential to bear a direct impact on our health and safety. But when we intimated our landlord about these problems, she simply shrugged off the problems and instead blamed us for approaching her for the above issues, which were in fact genuine. And on top of that, told us that if we don't like the place we may leave. We do not want to leave the place as it is convenient for our budget and accessibility to coaching classes etc. But it has become increasingly difficult to put up with the regular harassment of our landlords. Kindly inform me about the rights I have as a tenant, and what are the responsibilities of our landlords towards us. In serious need of advice! Please help. Thank you!
Firstly, it is important to examine the contents of the Rent Agreement and If there is any existing clause in regard to the nature of your difficulties. Thereafter, tenant may take a legal action against a landlord.
As per the law, landlord is duty bound to keep the premises in good repair and habitable condition. On failure to do so, the tenant can give a notice to the landlord asking him/her to carry out the repairs and if the landlord fails to do so, the tenant can carry out the same and can deduct 1 month rent as expenses as per the stipulation in law.
Further, where any repairs without which the premises are not habitable or usable except with undue inconvenience, are to be made and the landlord neglects or fails to make them after notice in writing, the tenant may apply to the Rent Controller for permission to make such repairs himself and may submit an estimate of the cost of such repairs to the Controller and thereupon, the Controller after giving an opportunity of being heard to the landlord and considering the estimate of the cost of repairs, make inquiry and order the tenant to carry out the repairs and also order to deduct the same, subject to a max of 6 months rent from the rent to be paid to the landlord.
Regarding water, electricity,etc which are basic services, the landlord cannot cutoff or withheld such services without sufficient cause. If the landlord does so, an application can be made to the Rent Controller who may pending the inquiry order the landlord to restore such services and supplies. If after enquiry the Rent controller finds that the landlord has indeed withheld or cutoff essential services, he shall order the landlord to restore the same.
So dont worry guys, law is equal both for landlord and tenant.
For any further queries, plz feel free to contact.
Further, where any repairs without which the premises are not habitable or usable except with undue inconvenience, are to be made and the landlord neglects or fails to make them after notice in writing, the tenant may apply to the Rent Controller for permission to make such repairs himself and may submit an estimate of the cost of such repairs to the Controller and thereupon, the Controller after giving an opportunity of being heard to the landlord and considering the estimate of the cost of repairs, make inquiry and order the tenant to carry out the repairs and also order to deduct the same, subject to a max of 6 months rent from the rent to be paid to the landlord.
Regarding water, electricity,etc which are basic services, the landlord cannot cutoff or withheld such services without sufficient cause. If the landlord does so, an application can be made to the Rent Controller who may pending the inquiry order the landlord to restore such services and supplies. If after enquiry the Rent controller finds that the landlord has indeed withheld or cutoff essential services, he shall order the landlord to restore the same.
So dont worry guys, law is equal both for landlord and tenant.
For any further queries, plz feel free to contact.
the rights of a tenant and duties of a landlord are majorly covered in the Rent agreement from which neither the landlord nor the tenant can deviate from. however facts of your case suggests that you are really fed up. try talking to the landlord or serve him with a legal notice saying all your grievances. this will surely catch his eye
Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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