Section 16 in Jharkhand Building (Lease, Rent & Eviction) Control Act, 2011
16. Landlord's responsibility.
(1)Every landlord shall carry out the repairs which he is bound, under any law, contract or custom, to make to a building in possession of a tenant.Explanation. - In this sub-section, "repairs" include annual white-washing, re-colouring and periodical repairs.(2)If the landlord fails to carry out white-washing once in every year, recolouring once in three years and periodical repairs, which he is bound to make, the tenant may by notice, require him to carry out the same within one month from that date of service of the notice, and, on the landlord's failure to do so within the said period, the tenant may himself carry out the same at a cost not exceeding one month's rent for the building and deduct such cost from the rent.(3)If the landlord neglects to carry out repairs, other than those referred in sub-section (1), which he is bound to make, the Controller shall, on an application by the tenant, which shall specify the approximate cost of such repairs, cause a notice to be served on the landlord to appear and show cause, within such time as may be fixed in the notice.(4)If the landlord does not appear in obedience to the notice or if he appears but fails to satisfy the Controller as to why he should not be directed to carry out the repairs or such of them as he finds the landlord is bound to make, the Controller shall after making such further inquiry as may be necessary, direct him to carry out the same within a time to be fixed, and on the landlord's failure to comply with such direction, the Controller may permit the tenant to carry out such repairs at a cost not exceeding such amount as may be specified in the order and to recover such cost from the landlord. It shall, thereafter, be lawful for the tenant to carry out such repairs and to deduct the cost thereof from the rent or recover it otherwise from the landlord as if it were a debt due to him by the landlord.Provided that if, the Controller is satisfied that the repairs involved were due to the negligence of the tenant, he will order the tenant to make such repairs and the cost of repair shall be borne by the tenant and the same shall not be recoverable from the landlord by deduction from the rent.
