House Rent Law

The rights and obligations of landlords and tenants, including lease agreements, rent control, eviction procedures, security deposits, maintenance responsibilities, and dispute resolution are important issues especially for overcrowded urban areas. House Rent laws aim to ensure fair rental practices, protect tenants from unreasonable rent increases and unjust evictions, and provide clear guidelines for maintaining rental property standards. They vary by jurisdiction, reflecting local housing markets and policy priorities. Here are a few legal provisions concerning the protection as well as duties of both the landlord and tenants in Nepal:

  1. Repair and Maintenance: The tenant must repair and maintain the rented house unless otherwise specified in the agreement. If the landlord is responsible for repairs according to the agreement, the tenant must notify the landlord in writing when repairs are needed. If the landlord fails to make repairs despite the notice, the tenant may carry out the repairs themselves. The tenant can deduct the repair costs from the rent after providing a cost estimate to the landlord 15 days in advance. The tenant must inform the landlord in writing with a cost estimate 15 days before undertaking any repairs.
  2. Subletting: A tenant may sublet the house or a portion of it if permitted by the rental agreement. The tenant must inform the landlord in writing of the sub-tenant’s name and address within 15 days of subletting. The sub-tenant is required to pay rent to the tenant and must adhere to all terms required of the tenant. The tenant has the right to evict the sub-tenant for failing to follow terms, maintain the property, or for causing disturbances.
  3. Alteration: The tenant cannot alter the house structure without written consent from the landlord. Unauthorized alterations causing loss entitle the landlord to compensation.
  4. Use: The tenant must use the house only for the agreed purpose and cannot change its use without the landlord's consent.
  5. Inspection: The landlord can inspect the house with advance notice, and the tenant must allow the inspection.
  6. Eviction: The landlord can evict the tenant for failing to fulfill obligations, engaging in illegal activities, personal need for the house, necessary repairs, uninhabitability, end of the rental period, or agreement violation. 
  7. Personal Use Eviction: A 35-day notice is required before evicting a tenant to use the house personally. It cannot be re-rented for three months to another person without prioritizing the previous tenant first.
  8. Vacation: If a tenant disappears without paying rent for three months, the landlord can apply to the local ward office, which will issue a public notice. If the tenant does not appear within 15 days, the ward office can vacate the house and take custody of the tenant’s belongings. If the tenant or their agent returns within six months, the goods will be returned upon payment of due rent. If the ward office does not act within one month, the landlord can involve the police and local witnesses to vacate the house and secure the tenant’s belonging.

The National Civil Code Act 2074 (2017)

Section 394

Repair and Maintenance of the house rented

Section 395

Subletting the rented house to other person

Section 396

Prohibition on altering the structure

Section 397

Prohibition on using the house contrary to the agreement

Section 399

Power to inspect

Section 401

Power to evict tenant

Section 404

Power to vacate house