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Rights and Duties of the Lessor and the Lessee

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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