Can you repaint, redecorate or install AC in a rented flat? Here's what the law says

A rented home may not belong to the tenant, but that does not mean it cannot be customised. From installing appliances to adding decorative elements, tenants often make changes to suit their needs. The question is: how far can they go before those alterations become a legal issue?

The answer lies partly in the Transfer of Property Act, 1882, which sets out the rights and liabilities of landlords and tenants, and partly in the Model Tenancy Act, 2021, which seeks to bring greater clarity to rental relationships through written agreements and clearly defined responsibilities.

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What changes can tenants make?

Under Section 108 of the Transfer of Property Act, a tenant is required to return the property to the owner in the same condition in which it was leased, subject to normal wear and tear. However, Section 108(h) allows a tenant to remove, during the duration of the lease, any fixtures or attachments installed by them, provided the property is restored to its original condition.

As a result, tenants can generally install wall-mounted appliances and fixtures such as televisions, air conditioners, water purifiers and geysers.

Curtains and blinds may also be added for privacy, while decorative items such as mirrors and clocks can usually be hung. Removable wallpapers, wall stickers, temporary partitions and storage units are also generally permissible.

The law, however, draws a distinction between temporary modifications and permanent alterations. Repainting a wall in the same colour may be considered a minor change, but changing the colour altogether could require the landlord's consent. Likewise, drilling into a wall may have different legal implications from simply hammering in a nail.

Documenting any alterations in writing and obtaining the landlord's approval is necessary.

Who pays for repairs?

Questions about modifications are often followed by another concern: who pays when something stops working?

A faulty geyser, a leaking pipe or damp walls can quickly become sources of disagreement between landlords and tenants. The Model Tenancy Act, 2021, seeks to address such disputes by outlining the responsibilities of both parties.

Although the Act has not been uniformly adopted across the country, it is increasingly being used as a reference point for rental reforms.

The framework makes it clear that repairs are not always the landlord's responsibility. Both landlords and tenants are expected to maintain the property, while the tenancy agreement determines who is responsible for specific repairs and maintenance work.

Landlord's responsibilities

Under the tenancy agreement or the Model Tenancy Act, landlords may be responsible for:

• Structural repairs and major maintenance work
• Repairs specifically assigned to the owner under the tenancy agreement
• Ensuring the premises remain fit for occupation

If a landlord fails to carry out repairs that fall within their responsibility, the tenant may get the work done and recover the cost by deducting it from future rent payments. However, the deduction in any month cannot exceed 50% of the agreed monthly rent.

Where a property becomes unfit for occupation because essential repairs have not been undertaken, the tenant may vacate the premises after giving 15 days' written notice.

Tenant's responsibilities

The Act also places obligations on tenants. They are expected to:

• Take reasonable care of the property
• Avoid causing damage to the premises
• Promptly inform the owner in writing if any issue arises
• Maintain fittings and fixtures
• Use the property in accordance with the tenancy agreement

If a tenant fails to undertake repairs that are their responsibility, the landlord may carry out the work and recover the cost from the security deposit. If the expense exceeds the available deposit amount, the tenant must pay the balance within one month of receiving notice.