Tenant Rights in Delhi - 9 Things Your Landlord Cannot Legally Do

Your Right

A landlord cannot simply ask you to leave because they feel like it. Under the Delhi Rent Control Act, eviction is permitted only on specific grounds - non-payment of rent, subletting without permission, causing damage to the property, or the landlord genuinely needing the premises for personal use. Even then, the landlord must go through the Rent Controller and obtain a court order. Self-help eviction (changing locks, cutting utilities) is illegal.

Your Right

You have every right to insist on a written rent agreement before moving in. If a landlord says "we do not need paperwork, we trust each other" - that is a red flag. A written agreement protects both parties. It serves as proof of the rental terms, the rent amount, and the deposit paid. Without it, you have no documented evidence if a dispute arises later.

Your Right

While there is no strict legal cap on security deposits in Delhi under current law, the proposed Model Tenancy Act, 2021 recommends a maximum of 2 months' rent for residential properties. In practice, Delhi landlords commonly ask for 2-3 months' rent as deposit.

More importantly, the deposit must be refunded when you vacate - minus any legitimate deductions for damages or unpaid bills. The landlord cannot withhold your deposit without valid reasons. If the agreement specifies a refund timeline (say 30 days after vacating), the landlord is bound by it.

Your Right

For properties covered under the Delhi Rent Control Act, rent increases are capped at 10% and allowed only once every three years. For newer properties or those outside the Act's scope, the rent increase is governed by what is written in the agreement. If your agreement says "10% annual escalation," the landlord cannot demand 20% mid-term. Any increase must follow the agreed terms. If there is no escalation clause, the rent stays fixed for the agreement duration.

Your Right

The landlord cannot cut off water supply, electricity, or other essential services as a pressure tactic to force you to vacate or pay more rent. This is considered harassment under the law. If the landlord disconnects utilities, you can file a complaint with the local police station or approach the Rent Controller for relief.

Your Right

Once you have rented a property, you have the right to use it peacefully without constant interference. The landlord cannot show up unannounced, enter the property without your permission, or bring prospective tenants for viewing without reasonable notice. A good rent agreement will specify that the landlord must give 24-48 hours notice before any visit.

Your Right

Major repairs - plumbing issues, electrical wiring problems, roof leaks, structural cracks, waterproofing - are the landlord's responsibility unless the agreement explicitly states otherwise. The tenant is generally responsible only for minor day-to-day maintenance like replacing bulbs, tap washers, or fuses. If the landlord refuses to carry out necessary structural repairs, you can approach the Rent Controller for an order.

Your Right

You are entitled to receive a receipt for every rent payment you make. This is especially important if you pay in cash. Rent receipts serve as proof of payment and are also needed for claiming HRA (House Rent Allowance) tax exemption under Section 10(13A) of the Income Tax Act. If the landlord refuses to give receipts, insist on it - or switch to bank transfers which create an automatic payment trail.

Your Right

If your rent agreement does not explicitly prohibit subletting, you may have the right to sublet a portion of the property. However, in Delhi, most agreements include a no-subletting clause. Subletting without the landlord's written consent - when the agreement prohibits it - is a valid ground for eviction. Always check your agreement before bringing in a flatmate or sub-tenant.