Under the Transfer of Property Act, 1882, both the lessor (landlord) and
lessee (tenant) have specific rights and duties that define and regulate their
legal relationship.
Rights of the Lessor
- Right to Rent: The lessor has a right to receive rent or other payments specified in the lease agreement.
- Right to Recover Property: Upon the lease's expiration or in case of breach by the lessee, the lessor can reclaim possession.
- Right to Seek Compensation for Damage: If the lessee damages the property beyond reasonable wear and tear, the lessor can claim compensation.
Duties of the Lessor
- Duty to Disclose: The lessor must disclose all material defects in the property that may affect the lessee's enjoyment.
- Duty to Ensure Quiet Possession: The lessor should guarantee that the lessee will not be disturbed by other claims or issues related to the property.
- Duty to Maintain Property: Basic structural maintenance of the property may fall under the lessor's responsibility.
Rights of the Lessee
- Right to Quiet Enjoyment: The lessee has the right to peacefully enjoy the property without undue interference.
- Right to Sublease (if permitted): If allowed by the agreement, the lessee can sublease the property.
- Right to Make Reasonable Improvements: Lessees can make modifications, provided they do not cause lasting damage and are permitted by the agreement.
Duties of the Lessee
- Duty to Pay Rent: The lessee must pay rent regularly as per the lease terms.
- Duty to Maintain: The lessee must take reasonable care of the property and prevent unnecessary damage.
- Duty to Return Property: Upon termination of the lease, the lessee must hand over the property in its original condition, except for normal wear and tear.
Case References
- Satish Chand Makhan v. Govardhan Das Byas (1984): The Court emphasized the lessee's duty to avoid unauthorized subletting.
- V. Dhanapal Chettiar v. Yesodai Ammal (1979): The Court highlighted the importance of a valid termination notice, ensuring the lessee's right to adequate notice.
These rights and duties help create a balanced legal framework, encouraging fair dealing and mutual respect between the lessor and lessee.
Written By: Prithwish Ganguli, Advocate
LLM (CU), MA in Sociology (SRU), MA in Criminology & Forensic Sc (NALSAR), Dip
in Psychology (ALISON), Dip in Cyber Law (ASCL), Dip in International Convention
& Maritime Law (ALISON), Faculty, Heritage Law College, Kolkata
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