BackWhat legal obligations exist for landlord access to rented premises?
In the event, if the parties to the deed have predetermined and agreed upon the manner of notifying for inspection of the tenanted premises then, you (as landlord) must address a prior notice (as per the agreed mode of communication).
PremiumWhile inspecting a property I rented out last year, I was concerned about its maintenance. From a legal perspective, do I need to serve a notice before entering the premises? What are the specific legal requirements or obligations regarding landlord access to rented property?
—Name withheld on request
We understand that you are enquiring from the perspective of a landlord and therefore you intend to ensure that the tenanted premises is in good condition. We presume that there exists a duly registered deed between the landlord and the tenant recording the terms of the tenancy. In the event if the parties to the deed have predetermined and agreed upon the manner of notifying for inspection of the tenanted premises then, you (as landlord) must address a prior notice (as per the agreed mode of communication) calling upon the tenant to furnish inspection of the premises for assessing whether the tenanted premises requires to be repaired for maintenance.
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As per Maharashtra Rent Control Act, 1999, the obligation/duty is upon the landlord to maintain the tenanted premises in good condition to enable the tenant to utilize the premises for its purpose (residential / commercial). In case of non-compliance of the statutory obligation of the landlord, the tenant or the tenants are entitled to carry out the repair works and are entitled to either deduct from the rent or recover from the landlord (as the case may be).
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In the event if the repair works required to be carried out are of the nature which mandates eviction of the tenant, then, the landlord will have to follow due process of law and file appropriate proceedings for eviction of the tenant.
Aradhana Bhansali is partner, Rajani Associates.
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