Obligation of landlord and tenant

Obligation of Landlord & Tenant The obligations of landlord and tenant are those duties which may be lawfully enforced. As these become legal rights of parties. A person (either landlord or tenant) may be compelled to enforce through different legal remedies in case of violation.

Obligation of landlord and tenant
Obligation of landlord and tenant

Landlord: Landlord is the owner of premises and it includes a person for time being entitled or authorized to receive rent in respect of the premises let-out to tenant.

Tenant: Tenant is a person who undertakes or is bound to pay rent as consideration for occupation of premises of landlord by him or any other person on his behalf and it includes following persons;

a. A person (tenant) who continues to be in occupation of premises after termination of his Tenancy for the purpose of a proceeding under this Act.

b. Legal heirs of a person (tenant) in the event of death of tenant who continues to be in occupation of premises let-out by landlord.

c. A sub-tenant who is in possession of premises or part thereof with the written consent of Landlord.

Obligations of Landlord:

i. Provision of Tenancy Agreement: Landlord shall provide certified copy of tenancy agreement to tenant.

ii. Repair the Premises: He subject to tenancy agreement repairs the premises as may be necessary to keep it in habitable condition or as may be required under law for the time being in force. iii. Payment of Tax etc: He shall pay tax, fee or charge levied on premises under a law for the time being in force.

iv. Not to cut off, etc amenity of tenant: He shall not cut off, suspend, withhold, without just or sufficient cause, amenity, utility or easement of premises.

v. Not to enter without giving notice: He shall not enter the premises without giving tenant a reasonable notice.

Effect of Non-Fulfillment of obligation by Landlord: If he neglects or fails to fulfill obligation under this ordinance or tenancy agreement.

i.                   The tenant may file application in the Rent Tribunal.

ii.                 For order directing Landlord to fulfill obligation.

Obligation of Tenant: Following are the obligations of tenant;

i. Not to sublet premises without consent of Landlord: A tenant shall not, without the prior written consent of landlord, sublet whole or a part of premises, or transfer or assign right under Tenancy.

ii. Keep Premises in the condition in which it was let-out: He shall keep premises in the condition in which it was let-out except in normal wear and tear.

iii. Use the premises for the purpose for which it was let-out: He shall use the premises for the purpose for which it was let-out.

iv. Allow the Landlord to enter the premises: He shall allow Landlord to enter the premises for purpose of Inspection and Repair when necessary.

v. Handing over the Possession: He shall hand over the vacant possession of premises to Landlord on termination of tenancy.

vi. Not to cause Nuisance: he shall not make structural change in premises without prior written consent of landlord.

vii. Not to make structural change: He shall not make structural change in premises without prior written consent of the Landlord.

Effect of Non-fulfillment of Obligations by Tenant A Landlord may file application to Rent Tribunal a. For order directing tenant to fulfill the obligation or  b. For an order of eviction.

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