Landowner and Tenant Rights and Responsibilities in Bangladesh

Landowner and Tenant Rights and Responsibilities in Bangladesh

The legal relationship between landlords and tenants in Bangladesh is primarily governed by the Premises Rent Control Act, 1991, the Transfer of Property Act, 1882, and related local laws and municipal regulations. Whether for residential or commercial purposes, both parties have enforceable rights and responsibilities that must be observed to ensure a lawful and harmonious tenancy.

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Governing Laws

• Premises Rent Control Act, 1991
• Transfer of Property Act, 1882
• Civil Procedure Code, 1908
• Contract Act, 1872
• Local Government (Municipality) Act, 2009 (for holding tax and permissions)

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Key Definitions

• Landowner/Landlord: The legal owner of the premises who lets out the property for rent.
• Tenant: A person legally in possession of the premises under a valid rental agreement.
• Premises: Any building or part of a building used for residence, office, or business purposes.

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Rights of the Landowner

1. Right to Receive Rent:
   The landlord has the legal right to receive timely payment of rent as agreed in the contract.
2. Right to Evict (under lawful grounds):
   The landlord can evict the tenant on grounds such as:
   • Non-payment of rent
   • Subletting without permission
   • Using the property for illegal purposes
   • Structural damage or misuse of the premises
   • Personal need for the premises (with proper legal process)
3. Right to Inspect:
   Reasonable right to inspect the property with prior notice.
4. Right to Increase Rent:
   Subject to mutual agreement or as per the prevailing rent control regulations. Arbitrary increase is not allowed unless permitted under the law.
5. Right to Compensation for Damage:
   Can claim compensation if the tenant causes damage beyond normal wear and tear.

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Responsibilities of the Landowner

1. Ensure Habitability:
   Must provide a safe and habitable property for the tenant, including necessary utilities and infrastructure.
2. Respect Tenant’s Privacy:
   Cannot enter the rented premises without prior notice or consent.
3. Provide Legal Possession:
   Must ensure that the tenant has lawful and peaceful possession during the term of the agreement.
4. Maintain Structural Repairs:
   Landlords are generally responsible for major structural maintenance unless otherwise agreed.
5. Issue Rent Receipts:
   Obligated to issue rent receipts or acknowledgments for payments made.

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Rights of the Tenant

1. Right to Peaceful Possession:
   Entitled to undisturbed use of the premises for the term of the lease.
2. Protection from Arbitrary Eviction:
   Eviction must follow the due process of law. The tenant cannot be evicted without a court order unless the tenancy agreement allows termination under specific grounds.
3. Right to Fair Rent:
   Protected from unreasonable rent hikes under the Rent Control Act.
4. Right to Repair and Deduct:
   If the landlord neglects essential repairs, tenants may carry out repairs and deduct the reasonable cost from rent (with proper documentation and notice).
5. Right to Challenge Eviction:
   Tenants can contest eviction in court if it’s illegal or without reasonable cause.

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Responsibilities of the Tenant

1. Pay Rent Timely:
   Must pay rent and utility bills in accordance with the agreement.
2. Avoid Unauthorized Subletting:
   Subletting requires prior written consent from the landlord.
3. Maintain the Property:
   Keep the premises clean and avoid damage beyond normal wear and tear.
4. Comply with Usage Terms:
   Use the property only for agreed-upon purposes (e.g., residential, commercial).
5. Vacate on Termination:
   Must vacate the premises peacefully upon expiry of the lease or termination as per legal procedure.
6. Notify Before Leaving:
   Must provide prior written notice (usually 30 days) before terminating tenancy.

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Eviction and Legal Process

Under the Premises Rent Control Act, 1991, a landlord can evict a tenant through a suit in the Joint District Judge Court on valid grounds. The court will issue an eviction decree if:

• Rent is unpaid for at least three consecutive months
• The tenant has breached conditions of tenancy
• The landlord requires the premises for personal use
• The property is unfit for habitation

Summary eviction without a decree is illegal and may lead to criminal or civil liability.

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Security Deposit and Advance

• Landlords may collect a security deposit, usually equivalent to 1–3 months’ rent.
• The deposit must be refunded at the end of the tenancy after adjusting for dues or damages.
• Excessive advance demands may be challenged in court as being contrary to good faith.

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Rent Agreement and Registration

• Written agreements are highly recommended, detailing:
  • Rent amount and payment method
  • Duration of tenancy
  • Utility sharing
  • Maintenance responsibility
  • Termination and renewal terms
• Registration of lease deeds is mandatory for terms exceeding 12 months under the Registration Act, 1908.

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Municipal Taxes and Responsibilities

• Holding tax is payable by the landlord but can be shared if agreed.
• Tenants must obtain trade licenses for commercial premises.
• Land use must comply with zoning regulations and building codes under local municipal laws.

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Dispute Resolution

• Civil courts have jurisdiction over tenancy disputes.
• Rent Controllers may be appointed under the Rent Control Act.
• Mediation is encouraged before litigation.

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Summary Table

Role	Rights	Responsibilities
Landowner	Receive rent, evict with cause, inspect property	Provide habitability, maintain structure, follow law
Tenant	Peaceful possession, fair rent, legal protection	Pay rent, maintain premises, follow lease terms

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Understanding and complying with landlord-tenant obligations under Bangladeshi law is essential for preventing disputes and ensuring secure tenancy relationships. Proper documentation and legal advice are critical before entering into or terminating any rental arrangement.