What are the obligations of landlord and tenant?
What are the duties and right 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.
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.
- The tenant may file application in the Rent Tribunal.
- 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.
When the tenant can be ejected?
Who can eject the tenant?
Ejectment / eviction of Tenant: The law came to regulate the relation between landlord & tenant. This law provides situations when Landlord may seek eviction of tenant. The right of eject-ment is a statutory right available to Landlord against tenant. Also it protects the rights of tenant & landlord.
Tenant: Tenant is a man (person) who undertakes or is bound to pay rent to the landlord as consideration for occupation of such premises / property by him or by any other person on his behalf such as father, son etc.
i. A person who continues to be in occupation of premises after termination of his tenancy for the purpose of a proceeding under Urbanization Rent Restriction ordinance, 1959.
ii. Legal heirs of tenant in the event of death of tenant who continue to be in occupation of premises. iii. A sub-tenant who is in possession of premises or part thereof with the written consent of landlord.
Provision: Section 13 of Urbanization Rent Restriction Ordinance, 1959.
Grounds for Eviction: Following are the grounds of eviction or tenant under section 13 of the ibid act.
Expiration of Period: A Landlord may seek eviction on expiry of period of agreement between landlord and tenant.
Conditions: a. Tenancy agreement b. Expiration of the period
Failure to pay Rent: If tenant has failed to pay or tender rent within period of 30 days after expiry of period.
Conditions: a. Failure to pay rent b. By tenant c. Within the period of 30 days d. After the expiry of period specified in ibid Ordinance.
Breach of Tenancy Agreement: A Landlord may seek eviction of tenant if tenant has committed serious breach of a terms or conditions of tenancy agreement.
Conditions: a. Tenancy agreement b. Breach of term or condition c. By tenant
Violation of obligation by tenant: A Landlord may seek eviction of tenant if tenant has committed a serious violation of obligation mentioned in the agreement.
Conditions: a. Violation of an obligation b. Tenancy agreement c. By tenant
Misuse of Property: A landlord may also seek eviction of tenant if tenant has used premises for a purpose which is different than one already mentioned in the agreement from the purpose for which it has been let-out for.
Conditions: a. Uses premises for a purpose which is different from the one purpose for which it has been let-out. b. Tenancy agreement c. Misuse tenant
Sub-Letting: A Landlord may seek eviction of tenant if tent has sub-let premises without prior written consent of Landlord as the same is sub-let to tenant only according to the agreement.
Conditions: a. Sub-letting b. By tenant c. without written consent of Landlord.
Eviction on personal need: Tenant cannot be evicted on ground of personal need by Landlord as he made agreement with the tenant for specific period mentioned in the agreement and before the expiry of that period he can not evicted the tenant before that period.
Conclusion: The ejectment / evictionis an action to restore possession of property to person (landlord) is entitled for it from the tenant under law having the grounds for eviction of tenant.