What are the Rights of a Subtenant?

Recently, my neighbour, who is a subtenant, asked me what are my rights as a subtenant. In India, the rights of a subtenant depend on various factors, such as the terms of the subtenancy agreement, the provisions of the local rent control laws, and the specific circumstances of the tenancy. Here’s a detailed explanation of the rights typically enjoyed by subtenants in India.

What Rights Do Subletters Have?

A subtenant is someone who rents part or all of a property from the original tenant rather than directly from the landlord. Here are the rights and responsibilities of subletters.

• A subtenant has the right to occupy and use the premises for the agreed-upon period as per the terms of the sublease agreement. The primary tenant cannot evict the subtenant arbitrarily without following the conditions specified in the agreement or applicable tenancy laws.

• In many states, rent control laws provide subtenants with protection, but only under specific conditions. For instance:

  • If the sub tenancy is disclosed to the landlord, and the landlord has provided consent.

  • Some states, such as Maharashtra and Delhi, grant direct legal recognition to subtenants, especially if they are paying rent directly to the landlord with the landlord’s knowledge.

• Subtenants cannot be evicted without due process. If the primary tenant or landlord wants to terminate the subtenant, they must provide a reasonable notice period and follow the legal eviction procedures. 

• If the primary tenant is evicted by the landlord, the subtenant may also have rights to continue occupying the premises if they have established their tenancy independently or with the landlord’s knowledge.

• In cases where the subtenancy has been made with the landlord's knowledge and consent, subtenants may be considered as direct tenants under certain circumstances. For example:

• If the primary tenant vacates or passes away, subtenants can apply to the court or rent control authority to be recognised as tenants.

• In some cases, courts have ruled in favor of subtenants who have been in continuous possession for a long time and have paid rent directly to the landlord.

I hope you understand what are my rights as a subtenant.

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Wondering what are the rights of a subtenant? A subtenant has the same rights and responsibilities as the original tenant. This means they are treated the same as any other tenant regarding privacy, health and safety standards of the rental unit, and due process for eviction.

As a subtenant, your responsibilities mirror those of the original tenant. These includes the following:

• Paying rent promptly, 

• Maintaining the rental unit, and 

• Adhering to any terms outlined in the lease agreement. 

• Additionally, you must respect the landlord’s rules and regulations.

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