• Tenant's right to privacy and security

Hi,

I recently rented a flat and informed the Landlord that I will take possession and will be gone to USA due to an unplanned business need. I started paying rent and moved my home stuff. Upon movement I checked with landlord on installing a "Kundi" outside main door so I can put my own lock as door only had builder provided latch to which keys will be available with landlord with access to home anytime. Landlord refused to allow me to put a Kundi or put my lock stating builder does not allow and if I want to I will be paying 20,000 for same. This condition was never highlighted and landlord expects me to stay in the property with no lock of mine. This to me being a lady is security and privacy threat as the landlord can enter house anytime with his keys and specially when I am away for 2 months in USA which he is aware of. I have no way to secure my valuables being miles away and he wont allow to put a lock.

Please advice if this can be a condition by Landlord and is considered valid.

**Currently not in India hence cannot communicate via phone but only email**

Regards,
Rupal Rawal
Asked 1 year ago in Property Law from Mumbai, Thane, Maharashtra
Religion: Hindu
1) what are terms and conditions of your leave and licence agreement ? 

2) you would need landlord consent to make a kundi outside main door . the claim made for Rs 20,000 by licensor is outrageous . a lock does not cost more than Rs 500 

3) in leave and licence agreement one set of keys is always with licensor  so that he can after prior intimation to you inspect the house given on rent 

4) you can keep a godrej locker inside the flat and keep it under your lock and key for storing your valuables . 

5) in the alternative terminate the leave and licence agreement and seek refund of your security deposit if there is no lock in period 
Ajay Sethi
Advocate, Mumbai
23103 Answers
1212 Consultations
5.0 on 5.0
This proposition is absolutely weird to herd of. The security of tenant is of utmost importance.
I find no reason as to why you would take this flat on rent if you are not allowed to put your own lock.
Leave this flat and take another one.
Devajyoti Barman
Advocate, Kolkata
5146 Answers
54 Consultations
4.9 on 5.0
1. When you entered into the lease deed the requirement of installing a kundi on the door should have been incorporated therein. 

2. You cannot obligate the landlord to do what has not been specifically mentioned in the lease deed.

3. Now the only legal recourse is to issue a lawyer's notice to the landlord. If he does not allow you to install it even after notice fropm your lawyer then you may seek necessary orders from the court. However, the legal expenses which you will incur are likely to be more than 20,000.
Ashish Davessar
Advocate, Jaipur
18057 Answers
445 Consultations
5.0 on 5.0
without giving possession on the property tenancy can't be constituted. it is presumed by the law that tenant has possession on the property which is given to him for rent. in your case you have not been in possession because you have no right to put your lock. 

I may give a property to A with condition that A can never lock the door and i have right to enter in the premises any time. then it is presumed by the law that still i have the possession over the property and A has no right. without possession right can't be entertained. 

you can stop payment of rent because it is not legally rented but you are in abroad yet so you should pay rent and give a legal notice for providing basic amenities in the house i.e. provide strong lock at the main door. if refuses then approach to the rent controller.      
Shivendra Pratap Singh
Advocate, Lucknow
2718 Answers
41 Consultations
4.9 on 5.0
Hi, This is not valid conditions, once the landlord give possession to the tenant then tenant can put the key and he can take all reasonable precaution for the safety of the home and owner has permit to inspect the tented portion with prior permission from the tenant.

 
Pradeep Bharathipura
Advocate, Bangalore
4104 Answers
133 Consultations
4.3 on 5.0
1. You can make an arrangement for putting your seperate lock at he dor of rented flat without making any consruction changing  the facade of the flat,

2. You can do it without taking any approval from he land lord,

3. If it is not posible to make he said arangement, and the land lord a legal notice seeking arrangement at the door of the said flat for yur psrsonal safety and also for the safety of your belongings.
Krishna Kishore Ganguly
Advocate, Kolkata
12042 Answers
227 Consultations
5.0 on 5.0

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