Landlord's Maintenance and Repair Obligations in Haryana

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.