Rented house damaged in a flood or earthquake? Do you still have to pay rent to your landlord? Here’s what the law says
These laws deal with basic issues such as lease liability, lease termination, deposit refunds, repairs and the continuation of tenancies after a natural disaster.
Can the tenant terminate the lease after a natural disaster?
The Transfer of Property Act, 1882 is valid throughout India unless overridden by state-specific rent control or tenancy laws.
Under Section 108(B)(e) of the Act, the tenant has the option of voiding the lease if the leased premises become unfit for habitation after being completely or substantially destroyed by force majeure such as fire, flood, storm, mob violence or other irresistible forces. This protection only applies if the damage is not caused by the tenant.
However, the lease agreement does not terminate automatically. The tenant must decide whether to terminate the lease. If the tenant decides to continue occupying the property, rent continues to be paid.
This provision also applies only if the damage is significant and permanent. Temporary or repairable damage does not automatically end the tenancy.
When can landlords stop charging rent?
The 2021 Model Tenancy Act provides additional protections for tenants affected by natural disasters. The law has been passed by Uttar Pradesh, Andhra Pradesh, Tamil Nadu and Assam. According to Article 15(6) of the Law, landlords cannot collect rent if the rented property becomes uninhabitable due to force majeure. Rent can only be collected again once the property has been restored to a habitable condition.
What about the deposit?
If the property cannot be repaired or the landlord fails to restore it to its former condition, the landlord must return the tenant’s security deposit and advance rent, if any, within 15 days of the notice period.
However, the landlord may deduct any outstanding legal dues that the tenant must pay before issuing a refund.
Can tenants stay after their lease expires?
The 2021 Model Tenancy Law also protects tenants whose fixed-term tenancies expire due to force majeure.
Under Section 5(3), if the tenant requests, the landlord must allow the tenant to remain on the property for an additional month after the disaster has ended, on the same terms and conditions as in the original agreement.
Can homeowners enter the property in an emergency?
Landlords are normally required to give tenants 24 hours’ notice before entering a rented property for repairs or inspection.
However, this notification requirement does not apply to emergencies resulting from natural disasters and allows immediate access for emergency repairs or safety measures.
While no law can reverse the damage caused by a natural disaster, the Transfer of Property Act 1882 and the Model Tenancy Act 2021 provide a legal framework to help tenants and landlords cope in the aftermath of disaster.
Understanding these provisions can help tenants determine whether they can terminate a lease, whether rent is still due, when they have the right to return their security deposit, and what protections are available if their lease ends during a disaster. It can also help both parties avoid unnecessary legal disputes during an already difficult time.
