Lessors have rights and responsibilities based on their known identity. Section 108A deals with the rights and responsibilities, so let’s explore these rights and responsibilities in more detail.
A lessor’s rights: lessor has the right to any further accretions, accumulations, or additions to the leased premises that may occur during the lease term.
At the end of the tenancy, the lessor can receive the improvements, regardless of whether they are natural or at the lessee’s expense. By the details of the lease, a lessor is entitled to collect rent or any other compensation from a tenant without interruption.
Lessor’s Liabilities: The lessor must disclose any kind of substantial problem in the property. There are two types of defects:
Unlike rational or visual defects, latent faults cannot be detected by a lessor. A flaw that is easily identified can be called an apparent flaw. In general, the lessor must inform the lessee of any obvious flaws in the property, and this is critical since such faults interfere with the lessee’s enjoyment of the property. At the lessee’s request, the lessor must hand over control of the property to the lessee. This obligation, on the other hand, only arises when the lessee makes a request. The lessee enjoys complete ownership of the property and has the right to enjoy it in peace. During the tenancy time, it is the lessor’s responsibility to ensure that there are no disruptions. According to the Madhya Pradesh High Court, physical or direct intervention with the premises causes a violation of pleasure and disruptions.
Licensing and Leasing
A lot of people are perplexed by the phrases lease and license. However, it makes sense because both lease and license have certain similarities, but they cannot be used interchangeably because the two phrases are extremely distinct. A lease is a transfer of property from one person to another in exchange for a monetary payment, which is common in rent. A license is an authorization to do something, and doing anything without permission is unlawful. A lease involves the transfer of an interest in the immovable property, whereas a license does not include the transfer of an interest in the property. A lease is heritable and transferable, but a license is not solely based on personal privilege. A lessee has the right to bring a lawsuit against trespassers and outsiders in his name. Because a license does not generate any interest in the property in the licensee’s name, he cannot file litigation in his name. A lease is unaffected by the death of either the lessor or the lessee, whereas a license is canceled in such circumstances.
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