Haryana Landlord's Maintenance and Repair Obligations Laws (2026)

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Source: Transfer of Property Act, 1882, s. 108(b)–(e); Model Tenancy Act, 2021, ss. 15–20

About this article

Sourced from Indian central (Union) law — Constitution of India, central Acts of Parliament, and Supreme Court decisions. State-level information reflects each state's own Acts and High Court rulings. Written in plain language for general understanding — this is educational content, not legal advice. Our editorial standards

Indian Central Law

What is this right?

The split between "landlord's repair" and "tenant's repair" is one of the most-fought lines in Indian rental law. The statutes draw a clean line — the practice often does not. Knowing which side a leaking roof falls on can save thousands of rupees.

  • Transfer of Property Act, s. 108(b): the landlord must keep the property in a condition fit for its agreed use, and is responsible for repairs that are not caused by tenant neglect.
  • MTA, s. 15: major repairs — structural work, waterproofing, electrical wiring, plumbing — are the landlord's responsibility. Minor repairs and routine maintenance — leaking taps, fuse changes, paint touch-ups — fall on the tenant. The agreement should spell out which is which.
  • MTA, s. 16: if the landlord ignores a repair request after reasonable notice, you can do the work yourself and deduct the cost from rent, subject to a limit (typically 1 month's rent per repair cycle).
  • Letting a flat fall apart to force a tenant out is what courts call "constructive eviction" — and it is illegal even though no one ever changed the locks.

When does it apply?

  • Your rental has a structural defect, a leaking roof, broken plumbing or faulty wiring that the landlord refuses to address.
  • The landlord is claiming you are responsible for repairs that are plainly structural.
  • You are about to deduct repair costs from rent and need to know whether you are on safe ground.

What to Do If Your Landlord in India Refuses to Make Necessary Repairs

  • Send a written notice to the landlord describing the defect and asking for repairs within a reasonable time — typically 7 to 14 days for urgent issues. Keep a copy.
  • If the deadline passes with silence, hire a contractor, get a written quote, complete the repair, and deduct the cost from next month's rent. Attach the invoice to the rent payment so the deduction is documented from your side.
  • If the landlord challenges the deduction, file a complaint before the Rent Authority.
  • For genuinely uninhabitable conditions — no water, collapsed ceiling, exposed live wires — file an emergency application before the Rent Court for an order compelling repairs.

What should you NOT do?

  • Do not stop paying rent entirely. A partial deduction tied to a specific bill is defensible; total non-payment hands the landlord the easiest possible eviction ground.
  • Do not undertake major structural work — rebuilding walls, replacing roofing — without the landlord's written consent. You may not be able to recover those costs.
  • Do not verbally agree to absorb major repairs. Anything that shifts a structural duty onto the tenant should be in the written agreement, or it will be argued about later.
Haryana Law
HR

How Haryana differs from central law

A landlord's duty to maintain the premises and keep essential amenities running is governed by the Haryana Urban (Control of Rent and Eviction) Act, 1973, with the amenity and fair-rent provisions materially unchanged since Haryana Act 16 of 1978. Haryana has not adopted any Model Tenancy Act equivalent, so the 1973 Act remains the sole controlling statute for urban tenancies.

  • Statutory duty to maintain: The landlord has a statutory duty to maintain the property in good condition and ensure it remains habitable throughout the tenancy.
  • Basic amenities: The landlord must provide basic amenities — electricity, water supply, and sewerage — so far as they are supplied by the State Government or the local authority. The landlord cannot lawfully cut these.
  • Remedy when amenity is cut or refused: If the landlord fails to restore a cut amenity or fails to provide a requested amenity, the tenant may apply to the Rent Controller. The Controller notices the landlord and gives him 30 days to restore an existing amenity or 90 days to install a new amenity.
  • Tenant self-provision at landlord's cost: If the landlord still fails to act, the Controller may direct the tenant to provide the amenity at the tenant's expense. The tenant then deducts the cost from rent at a rate of up to 50% of monthly rent until the full amount is recovered.
  • Hardship exception: The Controller can reject the tenant's amenity application if it would cause undue hardship to the landlord (considering the landlord's income) or if the expenditure is disproportionate to the benefit.
  • No cutting without cause: The landlord cannot cut amenities without sufficient cause. Where this happens, the Controller may take charge of the restoration.
  • 5-year rent freeze: Once fair rent is fixed, it cannot be increased for 5 years, with two narrow exceptions: an increase where the landlord carries out improvements at the tenant's request at the landlord's expense, and a decrease where amenities are reduced.
  • Fair-rent offence: Charging rent above the Controller-fixed fair rent is punishable with up to 2 years' imprisonment and/or fine. Maintenance failures that justify an amenity-cost deduction do not give the landlord a right to charge more elsewhere.
  • Scope limit — old construction: The Act does not apply to buildings constructed within 10 years of the Act's commencement (27 April 1973). Buildings completed after April 1963 and rented for the first time after the Act may have been initially exempt — verify with the Controller before relying on the Act.
  • Area scope: The Act covers all urban areas in Haryana (municipal committee, notified area committee, or Faridabad Complex Administration), excluding cantonment areas.

Worked example — Gurgaon flat. A tenant in a Gurgaon flat finds that the landlord has cut the water supply after a rent dispute. The tenant applies to the Rent Controller. The Controller notices the landlord; if water is not restored within 30 days, the Controller can direct the tenant to arrange an alternative water supply. If the tenant spends ₹5,000 on a borewell connection, the tenant deducts up to 50% of monthly rent — on a ₹7,000 rent that is ₹3,500/month — until the ₹5,000 is fully recovered, which completes in roughly 2 months. The landlord cannot retaliate by raising rent or issuing an eviction notice, because eviction requires a Controller order on one of the narrow §13 grounds.

Additional Steps in Haryana

What to do

  • File a written complaint before the Rent Controller (designated by the State Government, typically at sub-divisional or district level) citing the landlord's failure to maintain or to keep an amenity, and request a direction under the 1973 Act.
  • If the amenity is not restored within 30 days of the Controller's notice, file a follow-up application requesting the Controller to authorise tenant-provision at the tenant's expense with cost deduction from rent.
  • For fair-rent violations (landlord charging above the Controller-fixed rate), file a separate complaint with the Rent Controller. The landlord is punishable with up to 2 years' imprisonment and/or fine.
  • Keep receipts and invoices for any amenity expenditure you incur — these are the basis of the 50%-of-rent deduction.

Avoid

  • Withholding full rent in protest. Only documented amenity cost at up to 50% per month may be deducted; withholding full rent exposes you to a non-payment eviction ground under §13.
  • Self-help repairs without Controller authorisation. Cost recovery depends on the Controller's direction — ad hoc deductions can be disputed and disallowed.
  • Assuming the Act applies automatically to every building. Verify with the Controller that the building is within the Act's scope, particularly for premises near the 1973-commencement 10-year exemption window.
  • Letting the 30-day (restoration) or 90-day (installation) window lapse without filing the follow-up application — the tenant-provision remedy flows from that filing.

Relevant Law: Haryana Urban (Control of Rent and Eviction) Act, 1973, §§ on amenities, fair rent, eviction; Haryana Act 16 of 1978 amendment

Common Questions

What is the landlord's maintenance and repair obligations right in India?

The split between "landlord's repair" and "tenant's repair" is one of the most-fought lines in Indian rental law. The statutes draw a clean line — the practice often does not. Knowing which side a leaking roof falls on can save thousands of rupees.Transfer of Property Act, s. 108(b): the landlord must keep the property in a condition fit for its agreed use, and is responsible for repairs that are not caused by tenant neglect.MTA, s. 15: major repairs — structural work, waterproofing, electrical wiring, plumbing — are the landlord's responsibility. Minor repairs and routine...

When does landlord's maintenance and repair obligations apply?

Your rental has a structural defect, a leaking roof, broken plumbing or faulty wiring that the landlord refuses to address.The landlord is claiming you are responsible for repairs that are plainly structural.You are about to deduct repair costs from rent and need to know whether you are on safe ground.

What should I do if my landlord in India refuses to fix structural repairs in my rented home?

Send a written notice to the landlord describing the defect and asking for repairs within a reasonable time — typically 7 to 14 days for urgent issues. Keep a copy.If the deadline passes with silence, hire a contractor, get a written quote, complete the repair, and deduct the cost from next month's rent. Attach the invoice to the rent payment so the deduction is documented from your side.If the landlord challenges the deduction, file a complaint before the Rent Authority.For genuinely uninhabitable conditions — no water, collapsed ceiling, exposed live wires — file an emergency application bef...

What mistakes should I avoid with landlord's maintenance and repair obligations?

Do not stop paying rent entirely. A partial deduction tied to a specific bill is defensible; total non-payment hands the landlord the easiest possible eviction ground.Do not undertake major structural work — rebuilding walls, replacing roofing — without the landlord's written consent. You may not be able to recover those costs.Do not verbally agree to absorb major repairs. Anything that shifts a structural duty onto the tenant should be in the written agreement, or it will be argued about later.

Landlord's Maintenance and Repair Obligations in other states

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