IndiaHousing
Security deposits, eviction, repairs, rent increases, breaking a lease
24 questions
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Rental Rights
(7)Can my landlord evict me without court order?
No, your landlord cannot legally evict you without a court order in India. Self-help eviction โ like locking you out or cutting off utilities โ is illegal and punishable under law.
My landlord refuses to return my security deposit. What can I do?
You can send a legal notice to your landlord demanding the security deposit, and if unpaid, file a complaint in the consumer forum or civil court. Under most state rent control laws, landlords must refund the deposit within 15โ30 days after tenancy ends, minus lawful deductions.
My landlord is demanding a huge rent increase. Are there rent control laws?
Yes, rent control laws exist in India, but they vary by state and apply only to older buildings โ most states cap annual rent increases at 10% or require 'reasonable' hikes based on repairs, inflation, and local norms.
I want to terminate my lease early. What notice is required?
In India, early lease termination depends on your lease agreement terms; if no clause exists, you generally need to give reasonable notice โ often 30 days โ and may be liable for unpaid rent or damages.
Can a landlord cut off water/electricity to force eviction?
No, a landlord cannot cut off water or electricity to force eviction โ it is illegal and amounts to 'self-help' eviction, prohibited under Indian law.
My landlord entered my rented flat without permission. Is this trespass?
Yes, a landlord entering your rented flat without permission or reasonable notice may amount to trespass under Indian law, especially if you are in lawful possession.
The lease expired but I'm still living there. What is my status?
You become a 'tenant holding over' โ your tenancy continues on the same terms, but the landlord can terminate it with notice under the Transfer of Property Act.
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Builder Liability
(4)The builder made changes to the approved plan without consent. Is this allowed?
No, a builder cannot make changes to the approved plan without prior consent from the competent authority and affected buyers โ such changes are illegal and may attract penalties or cancellation of approval.
My flat has structural defects within 5 years. Is the builder liable?
Yes, the builder is legally liable for structural defects in your flat within 5 years of possession under the Real Estate (Regulation and Development) Act, 2016.
I paid the entire flat amount but builder won't give possession. Remedy?
You can file a complaint under the RERA Act or Consumer Protection Act, seek possession through civil suit, or claim refund with compensation for delay.
Builder went bankrupt before completing my flat. What are my rights?
If your builder goes bankrupt before completing your flat, you are a financial creditor under the IBC and can file a claim with the resolution professional. You may also approach RERA for refunds or completion of the project.
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RERA Compliance
(5)I booked a flat but the builder hasn't delivered on time. What are my RERA rights?
Under RERA, you can claim monthly interest for delay, cancel the booking and get a full refund with interest, or approach the RERA Authority for compensation โ all within strict timelines.
The builder isn't registered with RERA. Can I still file a complaint?
Yes, you can still file a complaint against an unregistered builder with the RERA Authority โ registration is mandatory, and operating without it is a punishable offence.
What is the penalty for a builder who fails to register under RERA?
A builder who fails to register under RERA faces a penalty of up to 10% of the projectโs estimated cost, imprisonment up to 3 years, or both.
The builder promised amenities but didn't deliver. What remedy do I have?
You can file a complaint with the Real Estate Regulatory Authority (RERA) or consumer forum for compensation, refund, or specific performance โ builders must deliver promised amenities under RERA and consumer protection laws.
The builder is using my advance money for other projects. Is this allowed?
No, builders in India cannot use your advance money for other projects. RERA strictly prohibits diverting buyer funds and mandates that 70% of collected amounts be deposited in a separate escrow account.
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Property Transfers
(4)What documents should I check before buying property?
Before buying property in India, verify the title deed, sale agreement, encumbrance certificate (last 30 years), occupancy certificate, and building plan approval. Ensure the seller has clear, marketable title and no pending litigation.
Must a sale deed be registered to be valid?
Yes, a sale deed for immovable property valued at โน100 or more must be registered under the Indian Registration Act, 1908 to be valid and enforceable.
Can NRIs buy property in India?
Yes, NRIs can buy residential and commercial property in India without prior approval from the Reserve Bank of India (RBI), but they cannot buy agricultural land, plantation property, or farmhouses.
What are the stamp duty charges for property registration?
Stamp duty for property registration in India varies by state, typically ranging from 3% to 10% of the propertyโs market value or consideration amount, whichever is higher.
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Society & Maintenance
(2)The society is charging excessive maintenance. Can I challenge it?
Yes, you can challenge excessive maintenance charges by reviewing the societyโs bye-laws, demanding a detailed breakdown, and filing a complaint with the Registrar of Co-operative Societies or civil court.
A joint property owner wants to sell. Can one co-owner force partition?
Yes, any co-owner of joint property in India can file a suit for partition to force division or sale of the property, regardless of the other co-ownersโ consent.