Left your PG, and your landlord is refusing to return your deposit? Know your rights as a tenant

The Satya Niketan building collapse incident that shook the national capital had far reaching consequences, it has not only raised safety concerns but has also brought into limelight PG owners’ reluctance to refund security amount. Videos are circulating on social media showing landlords refusing to return security deposits to students willing to evacuating unsafe buildings.

Rights of a tenant

Though living in a PG is a convenient and affordable option, but it’s essential for a tenant to know their legal rights to protect themselves from exploitation. Even though PG accommodations often operate informally, but knowledge of tenant’s rights helps one make informed choices. From a written agreement to fair rent, it’s time to know your rights as a tenant and rules and regulations limiting landlord’s power.

• Every PG tenant has the right to live in a clean, safe and hygienic environment and the landlord must ensure that the accommodation meets basic living standards. Article 21 mentions the right to life with dignity as a fundamental right, due to which landlords must ensure that the property meets fire safety standards, has adequate ventilation and lighting, clean drinking water access, functional electrical and plumbing systems and is pest-free. If these basic needs are not met, tenants can approach local authorities (municipal office) or a consumer rights forum for legal action against the landlord.
• The law further guarantees right to shelter as a part of right to life, implying that protection against unjustified eviction. A PG owner cannot force the tenant to vacate the premises without valid reasons. The eviction process must be governed by the terms mentioned in the rental agreement.

A Delhi High Court ruling dated 22 March 2024 states, “Upon expiry of this Lease Deed or early determination of this Lease Deed, the Lessee shall handover peaceful vacant possession of the Said Premises as per the terms of this Deed, and, the Lessor shall simultaneously refund the Security Deposit at the time of receipt of the vacant possession. The refund of Security Deposit shall be subject to deductions if any, to arrears in rent, service tax, unpaid electricity charges upto date of hand-over, paid water charges upto date of handover.”

It further notes, “In the event of a default by the Lessor in refunding this Security Deposit, the Lessee shall also have a right to use the Said Premises free of payment of Lease Rent, till actual refund of Security Deposit and interest accrued on the delay in refund of the Security Deposit and such holding over of the possession of the Said Premises shall not be deemed as trespass or illegal possession by the Parties.”