What should the tenant actually do if the house needs maintenance and the landlord is not responding?
What if the tenant does maintenance on the house, but then the landlord does not reimburse the tenant?
Can the tenant take items from the house to recover maintenance costs borne by them?
Can the tenant deduct maintenance costs from rent?
The Allahabad High Court in a recent case ordered tenants to vacate a landlord’s building as the condition of the building was so poor that it needed to be demolished. The high court said that tenancy protection laws can’t compromise public safety. This building, located in Varanasi, was classified as urgently needing demolition because it was in a severely dilapidated state and posed serious risk to its residents as well as passers-by.However, the high court clarified that the tenants have the right to demand that the property is maintained in a habitable condition. This refers to the implied covenant of habitability since any property without maintenance is bound to become bad (dilapidated) and has to be demolished to protect public safety.Rahul Sundaram, Partner, IndiaLaw LLP, says that this means that tenants can legally demand that landlords maintain structural safety and liveable conditions.Sundaram says: “If the landlord neglects this, tenants may approach the Rent Authority for directions, undertake repairs themselves, and seek reimbursement or adjustment against rent through proper legal process.”Neeha Nagpal, Founding Partner, NM Law Chambers explained to ET Wealth Online: The safest course of action for tenants is to send a written notice to the landlord detailing the repairs needed and requesting reimbursement within a specified period.According to Nagpal, if the landlord does not respond, the tenant should obtain estimates, perform only essential repairs, retain all bills and receipts, and then send a follow-up notice seeking reimbursement or proposing an adjustment to future rent.Nagpal says: “If the landlord still refuses, the tenant can approach the Rent Controller or the civil court to recover the rent.”Nagpal says that the Indian tenancy law provides tenants with remedies, but those remedies proceed through notice, documentation, and the courts, not through self-help.Sundaram says that tenants cannot unilaterally stop rent payments. Instead, they must file a civil suit for reimbursement, approach the Rent Authority for adjustment orders, or seek court-supervised set-off.Sundaram says: “Any maintenance costs claimed must be reasonable, documented, and preceded by notice to the landlord. Unauthorized withholding of rent exposes tenants to eviction for non-payment.”Taking the landlord's belongings or withholding rent without following the proper process can turn a valid claim into a legal liability for the tenant.Nagpal says: “No. A tenant cannot unilaterally seize the landlord's fixtures, fittings, or belongings to recover costs incurred for maintenance. Indian law does not recognise a "self-help" right of this kind for tenants.”Nagpal points out that removing the landlord's property could expose the tenant to claims of theft, criminal breach of trust, or misappropriation under the Bharatiya Nyaya Sanhita. This action could also lead to eviction proceedings.According to Nagpal, tenants have the right to seek reimbursement.Under the Transfer of Property Act (Section 108), if a tenant carries out necessary repairs that were the landlord's responsibility, and does so after giving reasonable notice, the tenant may be entitled to recover those costs. The keyword is "necessary." Cosmetic upgrades or voluntary improvements generally do not qualify.According to Nagpal, some state Rent Control Acts and certain lease agreements allow a tenant to deduct the cost of essential repairs from rent, but only if specific conditions are met. The repairs must have been genuinely necessary to maintain habitability.According to Nagpal, the tenant must have given the landlord written notice and a reasonable opportunity to carry out the repairs. The landlord must have failed or refused to act. And the tenant must have kept proper documentation of the expenses incurred.Nagpal says: “Even where this right exists, courts generally expect the deduction to be proportionate and well-documented. A tenant who simply stops paying rent entirely, without following due process, risks eviction proceedings for non-payment.”Courts distinguish between a legitimate set-off for repairs and a blanket refusal to pay rent.