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Technologist (Business owner)     04 February 2010

Is it legal for a tenant to do repair on a rented building

Is it legal for a tenant to do repair or modification on a rented building without the consent of the landlord?


 17 Replies

K.C.Suresh (Advocate)     04 February 2010

meterial alteration is not permitted without land lords permission. If the mainatainance is a necessity for the tenent to live in that house he can do that. But in any case an intimation to Landlord is on the safer side to avoid a cliam when there errupt a discord.

1 Like

G. ARAVINTHAN (Legal Consultant / Solicitor)     04 February 2010

 Intimation or request to do certain repairs is necessary. But if the landlord showed deaf ears to the request of the tenant, then can do repairs.

1 Like

Y V Vishweshwar Rao (Advocate )     04 February 2010

There must be a request  by Tenant to the Land Lord to Repair/ or / for modifications  , with  out the consent of land lord any repairs / or/ modification to rented buildign  is not  correct /not legal .

1 Like

Arvind Singh Chauhan (advocate)     04 February 2010

If the lease deed has been framed depnds on the terms of deed, otherwise permission is necessary.

1 Like

Technologist (Business owner)     04 February 2010

Thank you so much for the numerous answers to the question from all the respectful and learned lawyers.

The tenants in question never asked to do maintenance on the house by the landlord. Upon serving a verbal notice to vacate, they say that they were spending Rs.50,000 a year to do repairs on the house. Because of this unfounded claim, they demand two cents of land to vacate the property ! Will this be considered as a blackmail or extortion ? Is this in other ways illegal?

Besides, is it possible for the landlord to sue for having done improper repairs and unsustainable modifications on the rented house?

Thank you.

G. ARAVINTHAN (Legal Consultant / Solicitor)     05 February 2010

 The tenant have to produce the proof for any repairs if it is required by the landlord.

Landlord is entitled to sue the tenant if the construction or any demolition is an act of waste, then can sue the tenant for damages

1 Like

Technologist (Business owner)     05 February 2010

 My mother who is in the old ages is sending a notice to vacate by herself. Kindly advice the legality of the notice.


This notice is to inform you that your tenancy at the rented house and premises having house number___________ in Kerala state, will be terminated in accordance of the THE KERALA BUILDINGS LEASE ACT, 2002 and other relevant laws.

You are in violation of unauthorized repairs and modifications of the rented house without prior permission of the landlord which destroyed material utility and reduced the value of the house by negligence and improper repairs. No requests were communicated either in writing or oral with a substantial proof whatsoever, in order to do any legal repair or modification to the house.

The building is in such a condition that it needs to be demolished and reconstructed. The landlord requires vacant possession of the premises to demolish and reconstruct the building for re-renting to a suitable tenant who would look after the house and premises properly abiding laws. It is also understood that the you cease to occupy the building continuously for more than six months and that you have other places for accommodation and stay.

You are required to vacate the premises and remove all your possessions from the premises by this date: __________. All keys to the premises are be to returned upon your moving out.

Failure to vacate the premises by the above date will be considered as trespassing to our property and obstruction to demolish and reconstruct the building and you will be imposed a compensation of Rs. 5000.00 per day.

Kindly advice whether the notice is legally consistent and in compliance with the laws to evict.

Thank you kindly.

N.K.Assumi (Advocate)     12 February 2010

K.C.Suresh, has said it. In the name of repairing you should not give a new look to the building unless it is with the approval of the owner the Land lord.There is some observation of the Supreme Court in this regards.

Technologist (Business owner)     12 February 2010

After letting them to know that we are preparing for legal action for eviction, the tenant is now requesting 6 months time to find another place. Is this some sort of a trick they are playing on us to void the abandonment of the property which they had done for one year, by casually staying there every now and then so that we cannot exercise the Kerala Building lease Act 2002 in which there is a clause stating, if the tenant ceases to occupy the property for six months or more , that can be used as a ground for eviction?

Pease advice on this matter. Thanks !

Anil Agrawal (Retired)     19 February 2010

Do you have any agreement of tenancy? Why didn't you serve a notice on the tenant to vacate the premises upon the expiry of the agreement? If everything is done on good faith and by word of mouth, one has to face this situation. What is "AFTER LETTING HIM KNOW"? 


Technologist (Business owner)     19 February 2010

Thank you for the advice. Everything is done on good faith and by word of mouth as it was rented out 50 or 60 years ago, The tenant is now saying that she would vacate but needs 6 months. Her son now says, not disturb us anymore. We don't know whether this is some sort of a trick of buying time. Please adice me on this matter.



Technologist (Business owner)     19 February 2010

I am sorry but I forgot to elaborate " After letting them know". The message was conveyed through a personal messenger who was dodging pillar to post over their lies several times. I asked this messenger to get that statement(vacate in 6 months) in writing. They said, the word of mouth is good enough and no more talk on this.

So, could we serve send them a notice to vacate or is it wise to wait till 6 months is over to avoid agitation? What other remedy do we have to make sure, they would vacate in six moths as per their words? Will the personal messenger be used as a witness in court ?

Anil Agrawal (Retired)     19 February 2010

I am amazed. How can you be so naive? What happened 50-60 years ago is good for the old lady but not for her son.

He would one day claim the house as his own and you will be left holding the baby. MOVE FAST. DON'T BELIEVE IN GO BETWEENS.

1 Like

Technologist (Business owner)     20 February 2010

Thanks for the suggestion.

I have two questions.

How can her son claim ownership of property when my mother has the title deeds of this property?

On what ground, can her son claim, in view of the fact that they are contunually paying rent?

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