Under the Transfer of Property Act, 1882, both the lessor (landlord) and lessee (tenant) have specific rights and duties that define and regulate their legal relationship.

Rights of the Lessor

• Right to Rent: The lessor has a right to receive rent or other payments specified in the lease agreement.
• Right to Recover Property: Upon the lease's expiration or in case of breach by the lessee, the lessor can reclaim possession.
• Right to Seek Compensation for Damage: If the lessee damages the property beyond reasonable wear and tear, the lessor can claim compensation.

Duties of the Lessor

• Duty to Disclose: The lessor must disclose all material defects in the property that may affect the lessee's enjoyment.
• Duty to Ensure Quiet Possession: The lessor should guarantee that the lessee will not be disturbed by other claims or issues related to the property.
• Duty to Maintain Property: Basic structural maintenance of the property may fall under the lessor's responsibility.

Rights of the Lessee

• Right to Quiet Enjoyment: The lessee has the right to peacefully enjoy the property without undue interference.
• Right to Sublease (if permitted): If allowed by the agreement, the lessee can sublease the property.
• Right to Make Reasonable Improvements: Lessees can make modifications, provided they do not cause lasting damage and are permitted by the agreement.

Duties of the Lessee

• Duty to Pay Rent: The lessee must pay rent regularly as per the lease terms.
• Duty to Maintain: The lessee must take reasonable care of the property and prevent unnecessary damage.
• Duty to Return Property: Upon termination of the lease, the lessee must hand over the property in its original condition, except for normal wear and tear.

Case References

• Satish Chand Makhan v. Govardhan Das Byas (1984): The Court emphasized the lessee's duty to avoid unauthorized subletting.
• V. Dhanapal Chettiar v. Yesodai Ammal (1979): The Court highlighted the importance of a valid termination notice, ensuring the lessee's right to adequate notice.

These rights and duties help create a balanced legal framework, encouraging fair dealing and mutual respect between the lessor and lessee. Written By: Prithwish Ganguli, Advocate
LLM (CU), MA in Sociology (SRU), MA in Criminology & Forensic Sc (NALSAR), Dip in Psychology (ALISON), Dip in Cyber Law (ASCL), Dip in International Convention & Maritime Law (ALISON), Faculty, Heritage Law College, Kolkata