Landlord not doing repairs: what a tenant can do in India

Who is responsible for repairs in a rented home?

Your rent agreement decides first. Many agreements say the owner handles major and structural repairs and the tenant handles small day-to-day ones, and some list them. If yours is silent, these are the references:

• Transfer of Property Act, 1882. Section 108 sets default rights where there is no contract or local usage to the contrary (section 108). The tenant must keep the home in good condition, apart from reasonable wear and tear, and fix defects they caused within three months of the owner's notice (clause m). The owner's own repair duties come mainly from the agreement.
• Model Tenancy Act, 2021. Where a state has adopted it, the landlord carries out structural repairs and whitewashing of walls and doors, and the tenant handles drain cleaning, geyser repairs and kitchen fixtures (PRS summary). By July 2022 Andhra Pradesh, Tamil Nadu, Uttar Pradesh and Assam had revised their laws on its lines (PIB).
• The housing society. Leaks from the terrace, common pipes, lifts and the building's structure are usually the society's job. Ask your owner to raise them with the society; as a tenant you may not be able to.

How to get your landlord to do repairs

1. 1

   Report it in writing, with photos

   Message or email the owner: what is broken, since when, how it affects you, and photos or a short video. A dated written request is what the law and any later dispute will turn on.

2. 2

   Give a reasonable deadline

   Ask for a date by which it will be fixed. A gas or electrical hazard or water coming into the home needs days; a stiff cupboard door can wait weeks. Offer times when a plumber or electrician can come in.

3. 3

   Send a reminder that points to the agreement

   If nothing happens, remind the owner in writing, quote the repair clause in your agreement, and say what you will do next if it is not fixed by a new date.

4. 4

   Then choose your next step

   Repair and deduct, as below; agree a rent reduction until it is fixed; or, for a serious problem, give notice and move out. For an emergency that puts people at risk, make the home safe first, then tell the owner at once.

Can a tenant do the repair and deduct it from rent?

Section 108(f) of the Transfer of Property Act says that if the lessor neglects, within a reasonable time after notice, a repair they are bound to make, the tenant may make it and deduct the cost, with interest, from the rent, or recover it from the owner in another way (section 108). Three conditions sit inside that sentence:

• It must be a repair the owner is bound to make, under the agreement or the law. A tenant's own repair duty does not qualify.
• The owner must have had notice and a reasonable time to act. Your written request and reminder are that proof.
• Your agreement must not rule it out. Section 108 gives way to a contract to the contrary, and some agreements forbid deductions from rent.

If you go ahead, tell the owner in writing first how much you will deduct and from which month's rent. Use a reasonable repairer, keep the bill and photos of the work, and send copies with the reduced rent. Pay the rest of the rent in full and on time.

If repairs are never done

Some owners simply will not act. If the problem makes the home hard to live in, you can give notice under your agreement and leave; see the notice period for vacating a flat and write the notice with the free rent notice letter generator, mentioning the unrepaired defect. Record the condition at move-out against your move-in checklist, so the owner cannot later deduct for the very problem you reported. To recover money you spent on repairs, a lawyer's notice, and then the civil court or a Rent Authority where your state has one, are the routes.

For landlords: a record of every repair request

Most repair disputes are about dates: when the tenant reported it and when the owner knew. A single place for requests settles that.

Frequently asked questions