Who is a Tenant and What Are Their Rights in 2025?

In India’s rapidly evolving rental market, understanding tenant rights is crucial for ensuring fair treatment and avoiding exploitation. As urban hubs like Bengaluru face soaring rents and disputes over security deposits, tenants must stay informed about their legal protections. This article breaks down the definition of a tenant, their rights in 2025, and actionable steps to safeguard their interests.

Who is a Tenant?

A tenant is an individual or entity that occupies a property through a legally binding lease or rental agreement. Tenants gain the right to use the premises for a specified period, subject to terms outlined in the agreement, such as rent payments and maintenance responsibilities.

Key Rights of Tenants in 2025

India’s rental laws, including the Rent Control Act and Model Tenancy Act, prioritize tenant protections. Here are the critical rights tenants hold in 2025:

1. Protection Against Unlawful Eviction

• Landlords cannot evict tenants without valid reasons such as non-payment of rent, property damage, or personal use of the premises.

• Eviction requires a court order, and tenants must receive a formal notice (typically 30 days) before legal proceedings.

2. Fair Rent and Transparent Increases

• Rent hikes must follow state-specific guidelines and cannot exceed 5–10% annually without justification (e.g., property upgrades).

• The Model Tenancy Act (adopted by many states) standardizes rent adjustments, preventing arbitrary increases.

3. Right to a Habitable Environment

• Landlords must provide basic amenities like water, electricity, and sanitation. Tenants can demand repairs for structural issues (e.g., leaks, electrical faults).

• If landlords neglect maintenance, tenants may repair and deduct costs from rent.

4. Privacy and Restricted Entry

• Landlords cannot enter rented premises without prior notice (except emergencies). Tenants have the right to refuse unauthorized inspections.

5. Security Deposit Refund

• Security deposits (typically 2–10 months’ rent) must be refunded within 30 days of vacating, minus legitimate deductions for damages.

• Tenants should document the property’s condition at move-in to dispute unfair deductions.

6. Legal Recourse for Disputes

• Tenants can approach Rent Control Tribunals or civil courts for unresolved issues like deposit refunds or illegal evictions.

• Mediation and arbitration offer faster, cost-effective alternatives to litigation.

7. Protection Against Discrimination

• Landlords cannot discriminate based on religion, caste, gender, or nationality during tenant selection.

8. Right to a Registered Lease Agreement

• Leases exceeding 11 months must be registered with local authorities. This ensures legal validity and transparency in disputes.

How to Protect Your Rights as a Tenant

1. Document Everything: Photograph the property’s condition at move-in and keep records of rent receipts, communications, and repair requests.

2. Review Agreements Carefully: Ensure clauses on rent hikes, deposits, and maintenance align with state laws. Avoid verbal agreements.

3. Leverage Deposit-Free Schemes: Platforms like NoBroker offer deposit-free rentals via insurance bonds, reducing upfront costs (popular in Bengaluru).

4. Seek Legal Help: Send a legal notice for unresolved deposit refunds or file a civil suit if necessary.

The Role of the Model Tenancy Act (2025)

The Model Tenancy Act has transformed rental dynamics by:

• Standardizing lease agreements and dispute resolution processes.

• Mandating digital platforms for rent payments and transparency.

• Limiting security deposits to 2 months’ rent in some states.

Conclusion

Tenant rights in 2025 emphasize fairness, transparency, and legal accountability. With tools like the Model Tenancy Act and deposit-free rentals, tenants can navigate challenges in cities like Bengaluru more confidently. By staying informed and proactive, renters can protect their interests and foster healthier landlord-tenant relationships.

FAQs

Q: Can a landlord increase rent mid-lease?
A: No, unless the lease explicitly allows it. Rent hikes typically apply only during renewals.

Q: What if my landlord refuses to return my deposit?
A: Send a legal notice, involve the Resident Welfare Association (RWA), or file a civil suit.

Q: Are tenants responsible for structural repairs?
A: No. Landlords must handle structural maintenance, while tenants cover minor wear and tear.