In the bustling Kolkata real estate, proper understanding of your legal rights as a tenant or landlord is very important. Be it letting out a small apartment or managing a property, knowing your rights will help in keeping disputes at bay and making the experience of renting smooth. From the best advocate in Kolkata, we try to guide you with clarity through this maze of legalese.

Understanding Tenants’ Rights in Kolkata

As a tenant in Kolkata, there are a set of statutory rights that protect you and ensure a decent, safe place to live. Let’s take a look at your basic rights:

• Right to Written Lease Agreement: Indeed, tenants are entitled to a written lease agreement showing all tenancy terms. This includes how much rent shall be paid and when it is due; this will help in case of any disputes over any aspect of the tenancy.
• Right to a Habitable Living Space: This means that your landlord must provide the property in a way that it’s livable; this includes plumbing, electrical, and sanitary facilities. The premise is to meet basic safety and health standards.
• Right to Privacy: The landlords cannot enter the rental property unless proper notice is given to its occupants. This period ranges from 24 hours in usual and general conditions, except in cases of emergencies.
• Security Deposit Protection: The security deposit money shall be used only for the cost of repairs to damages other than normal wear and tear. Refundable within a reasonable time after the termination of the lease agreement, no justified deduction.
• Right to Non-Discriminatory Treatment: No tenant shall be discriminated against on the basis of the tenant’s race, religious affiliations, gender, or any other personal attributes. Fairness towards all is a basic right.

Understanding Landlords’ Rights in Kolkata

Overview of Landlords’ Rights and Responsibilities in Kolkata Herein, is a rundown of what a landlord should know in this regard:

• Right to Receive Rent: This is directly related to the rent that the landlord is entitled to from his tenant. It is important that a payment schedule be followed in order to avoid problems with the landlord.
• Right to Property Maintenance: Although minor repairs are to be carried out by the tenant, the major repairs and maintenance during the tenancy are solely the responsibility of the landlord to ensure that the property does not deteriorate.
• Right to Evict for Non-Payment: In cases where tenants do not pay rent, the landlord has the right to evict. However, there is a need to observe the proper legal procedures so that the eviction is considered legal.
• Right to Proper Notice for Lease Termination: Exercising either of the parties’ option to terminate the lease involves giving appropriate notice as provided in the agreement. The normal period of notice is one month.
• Right to Inspect: Landlords may inspect their property from time to time on the condition that they give reasonable notice and do not infringe the privacy rights of the tenant.

Common Issues and Dispute Resolution

The roots of disputes between landlord and tenant are often found in misunderstandings or disagreement. The following provides insight into how common issues can be addressed:

• Late Rent Payments: Landlords are entitled to apply late fees where the tenant has continuously delayed rent, or they can initiate eviction proceedings, if applicable.
• Property Damage: A dispute in property damage can be subject to whether the damage is considered more than normal wear and tear. Photo documentation of damages is recommended.
• Privacy Violations: If a landlord has entered a rental property without proper notice, a tenant can file a complaint for invasion of privacy, or seek legal action.

Frequently Asked Questions | Answers by best Best Advocate In Kolkata

1. What can I do if my landlord won’t make the necessary repairs?

   As the Best Advocate in Kolkata, we suggest that lessees request the repairs in writing on the web portal. If the landlord is not taking action, you may have a legal right to take action to force the landlord to make the repairs or request compensation.

2. Can the landlord raise the rent during the lease period?

   Generally speaking, the increase in rent is facilitated by the lease agreement. It is possible only when both parties agree upon it or according to local law.

3. How do I deal with the situation where I am in need to break my lease?

   Sometimes breaking lease leads one to penalties. Consult an advocate with the Best Advocate in Kolkata for an explanation regarding legal liabilities and possible early termination penalties.

4. How can I protect my security deposit?

   Document the property condition before you move in and when moving out. These steps can protect your deposit from unfair deductions for so-called damages.

5. What can I do if my tenant is not paying rent?

   Please consult with a lawyer from J Banerjee & Co. to guide the whole legal process of eviction and recovering arrears of rent. Only due process of law can give legality to the eviction process.

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Conclusion

Rights and liabilities of tenants and landlords in Kolkata are so intermingled that it is a task to understand who must go about doing what. At J Banerjee & Co., Best Advocate in Kolkata, we help you understand those rights and assert them. Whether you are a tenant wanting your due or the landlord desirous of applying your rights available under your tenancy agreement, our expert legal team can assist you.