As India’s rental housing market grows rapidly, knowing your tenant rights is more important than ever. In 2025, with new reforms and rising urban demand, both tenants and landlords must stay updated with current laws. Whether you’re renting an apartment in Mumbai or leasing a flat in Bangalore, being aware of tenancy rights in India can protect you from legal troubles and unfair treatment.
Tenant screening is a crucial step for landlords to ensure they select reliable occupants, but it must be done without violating tenant rights. While background checks are allowed, they should be transparent, non-discriminatory, and respect the privacy and consent of the applicant as per Indian tenant laws. This blog explores the most essential tenancy laws in India, recent updates, and what every renter should know in 2025.
Tenant Rights in India in 2025
With urban rental demand rising in India, tenants must understand their legal protections. Tenant rights have evolved significantly with the adoption of the Model Tenancy Act and increasing awareness around rental agreements. Whether you’re a student, a working professional, or a family leasing an apartment, understanding tenancy rights in India ensures you are protected against unlawful practices by landlords.
Right to Fair Rent
One of the most fundamental tenancy rights is the right to fair rent. Landlords cannot arbitrarily increase rent without mutual agreement and proper notice. Under the Model Tenancy Act, rent revisions must follow contractual terms and require a 3-month notice. In states still following older Rent Control Acts, rent hikes are capped based on property age and location.
If you’re unsure whether you’re paying a fair amount, refer to your state’s rental law in India or consult local Rent Authority guidelines.
Right to a Written Agreement
Tenants have the right to a written rent agreement, clearly stating the terms and conditions of the tenancy. This document should include:
1. Rent amount and due date
2. Security deposit details
3. Duration of the lease
4. Notice period for termination
5. Maintenance responsibilities
Under tenant law, oral agreements are discouraged as they lack legal enforceability. In 2025, several states will mandate registration of rent agreements longer than 11 months.
Having a registered rental contract ensures legal clarity and reduces disputes.
Right to Privacy
Indian tenant law protects a tenant’s right to privacy. Once a landlord leases a property, they must provide prior notice, usually 24 hours, before entering. Tenants have the right to report surprise visits, unauthorized entry, or harassment to the authorities.
This tenant’s right ensures that tenants can enjoy peaceful possession of the rented premises without interference.
Right to Live in a Safe and Habitable Property
Tenancy law in India mandates landlords to provide tenants with properties that are structurally sound, safe, and equipped with basic amenities. This includes:
1. Functional plumbing and electrical systems
2. Secure doors and windows
3. Sanitary bathrooms and kitchens
4. Pest-free environments
The tenant laws in India place the responsibility of major repairs on landlords, while tenants are expected to handle minor upkeep. If a rented property is unsafe or uninhabitable, tenants have the right to terminate the lease or seek legal redress.
Right to Security Deposit Refund
One of the most common rental disputes revolves around security deposits. In 2025, many states following the Model Tenancy Act have limited security deposits to:
✔️ 2 months’ rent for residential leases
✔️ 6 months’ rent for commercial leases
The deposit must be returned within 1 month of vacating, after adjusting for genuine damages or unpaid dues. Tenants must receive an itemized deduction list if any charges are applied.
If the landlord refuses to refund or deducts unfairly, tenants can approach the Rent Authority or file a complaint under applicable tenant laws in India.
Right to Essential Services
Under rental law in India, tenants have the right to uninterrupted access to essential services such as:
1. Water supply
2. Electricity
3. Waste disposal
4. Internet (if part of the agreement)
Landlords cannot disconnect these services even during disputes. Doing so is illegal and punishable under Indian tenant law. If such a violation occurs, tenants can file complaints with local municipal bodies or the civil court.
Right to Legal Eviction Process
Landlords cannot evict the right tenant without following due process. Tenant laws allow eviction only under specific circumstances.
▪️ Non-payment of rent
▪️ Subletting without permission
▪️ Damage to property
▪️ Expiry of lease
▪️ Personal use by the landlord (if mentioned in the contract)
Landlords must give written notice, typically 1 to 3 months in advance. Tenants can challenge any eviction that bypasses legal procedures in court. This protection prevents landlords from harassing or unlawfully removing tenants from their homes.
Responsibilities of Tenants
Alongside rights, tenants have several responsibilities to uphold under tenancy law in India:
▪️ Pay rent on time
▪️ Avoid causing damage to the property
▪️ Use the premises only for agreed-upon purposes
▪️ Follow society rules (if applicable)
▪️ Notify landlords before vacating as per the notice clause
Adhering to these responsibilities maintains goodwill and helps resolve issues amicably.
Legal Recourse for Tenants
You can take multiple actions to resolve violations of your tenant rights.
1. Rent Authority
States implementing the Model Tenancy Act offer fast-track resolution through a dedicated Rent Authority. You can file a complaint regarding:
▪️ Unlawful eviction
Rent disputes
Security deposit issues
2. Consumer Forum
Tenants can approach the Consumer Courts for service-related grievances against landlords or property managers.
3. Civil Court
For serious breaches such as illegal eviction, tenants can file a civil suit for an injunction or compensation.
4. RERA (for builder-managed rentals)
In cases involving housing projects managed by real estate developers, RERA may also be applicable.
Maintaining documentation like rent receipts, emails, and the rent agreement is essential when pursuing legal action.
Conclusion
Being aware of your tenant rights in India in 2025 empowers you to make informed decisions, avoid exploitation, and live with dignity. With reforms like the Model Tenancy Act shaping the future of rentals, transparency and accountability are improving, but knowledge remains your strongest tool.
If you’re a renter, always ensure:
1. You must register your rent agreement to ensure it is legally valid.
2. You receive rent receipts
3. You understand your legal rights
Whether it’s the right to privacy, fair rent, or security deposit refund, tenant laws in India are designed to protect you. Don’t hesitate to take legal recourse if your rights are violated.
Frequently Asked Questions
Q1: Can a tenant be evicted without notice in India in 2025?
Landlords must give tenants proper notice as stated in the agreement. The law prohibits forced eviction.
Q2: Is a verbal rent agreement legally valid?
Technically, yes, but it’s not advisable. A written and registered agreement offers legal protection.
Q3: What is the maximum security deposit allowed in 2025?
Two months’ rent for residential properties under the Model Tenancy Act. State rules may vary.
Q4: What can I do if my landlord refuses to return the deposit?
You can approach the Rent Authority or file a consumer complaint for recovery.
Q5: Are landlords allowed to increase rent arbitrarily?
No. Rent increases must follow the terms of the agreement and require advance notice.
