When a tap leaks or a wall cracks, the question that follows is almost inevitable: who is responsible, the landlord or the tenant? India’s Model Tenancy Act, 2021 provides a clear framework that answers this.Landlord’s responsibilityBoth the landlord and tenant are required to keep the rented premises in as good a condition as it was at the start of the tenancy, barring normal wear and tear. The landlord is specifically responsible for repairs and maintenance as specified in the Second Schedule or as mutually agreed upon in the tenancy agreement.If a landlord fails or refuses to carry out repairs they are obligated to perform, the tenant has recourse. The tenant is allowed to undertake the repairs themselves and deduct the expenditure from subsequent months’ rent, but with one important caveat: such deductions cannot exceed fifty per cent of the agreed monthly rent in any single month.Where the premises become uninhabitable due to the landlord’s failure to repair, the tenant has the right to vacate after serving fifteen days’ written notice.Tenant’s duty of careDuring the subsistence of the tenancy, a tenant must not intentionally or negligently damage the premises, must promptly inform the landlord of any damage in writing and must take reasonable care of the property. This includes its fittings and fixtures and keeping it in a habitable condition consistent with the commencement of tenancy and normal living.If a tenant fails to carry out repairs they are responsible for, landlord can either carry out the repairs or remove any unauthorized structure erected by the tenant and deduct the costs from the security deposit. Any amount exceeding the security deposit must be paid by the tenant within one month of the landlord’s notice.Force majeureIn cases of ‘force majeure’ where the premises become uninhabitable due to events beyond anyone’s control such as floods, fire, cyclones or other natural calamities, the landlord shall not charge rent until the premises are restored to a habitable condition.If restoration is not possible, the security deposit and advance rent must be refunded within fifteen days of the notice period’s expiry.
