Legal Rights as a Tenant in Bangladesh

Introduction

Renting is common in Bangladesh as many residents rely on rental housing, either for a home or business space. Yet, many tenants are unaware of the legal protections available to them, which leaves them vulnerable to unfair rent hikes, arbitrary eviction, or the loss of security deposits. Tenants’ rights are governed by the Premises Rent Control Act, 1991, which intersects with the Contract Act, 1872, the Transfer of Property Act, 1882, and the Specific Relief Act, 1963. However, the Rent Control Act prevails if any provisions of the Transfer of Property Act or Contract Act conflict with it. This article outlines the legal framework governing tenancy rights in Bangladesh.

Who Is Addressed as a “Tenant”?

Section 2(e) of the Premises Rent Control Act, 1991 defines a tenant as any person by whom rent is payable for any premises, including legal representatives, and who continues to be in possession with the possibility of renewing the tenancy.

Rights of Tenants

1. Right to Privacy and Possession: Tenants have the right to possession if they pay the full rent and perform the conditions as per Section 18(1) of the Rent Control Act. A landlord does not have any right to enter the property; entry for inspection or repairs is expected to come with reasonable prior notice, except in emergencies. In addition, Section 15(a) of the Constitution of Bangladesh guarantees the right to shelter as a basic necessity.
2. Right to a Habitable, Maintained Property (Section 22): Landlords are expected to keep the premises in a reasonably habitable condition and to attend to necessary repairs. Tenants should report maintenance issues in writing, both to create a record and to trigger the landlord’s obligation to act.
3. Right to Documentation: Tenants have the right to maintain written rental agreements for legal protection if any issue arises. Sections 2(e) and 10 of the Contract Act address the formation and validity of an agreement as a contract, which must be lawful and consensual. The written agreement must include the names and addresses of both parties, the rent amount, the rental period, notice periods, and each party’s obligations. Tenants also have the right to a rent receipt, as per Section 13. In the absence of such documents, tenants are often exploited due to unclear evidence.

What the Agreement Must Contain

• • Parties to the Agreement: Full names, addresses, and contact details of the landlord and tenant.
  • Description of the Property: Full address of the premises, type of property (residential/commercial), description of the rented portion (flat, room, floor, shop, etc.).
  • Term of the Tenancy: Commencement date, duration of the tenancy (e.g., 11 months, 1 year), renewal provisions.
  • Rent Details: Monthly rent amount, due date for payment, mode of payment (cash, bank transfer, mobile banking, etc.), consequences of late payment.
  • Security Deposit (if any): Amount of deposit, conditions for refund, circumstances under which deductions may be made.
  • Utility Bills: Responsibility for electricity, gas, water, internet, service charges, and other utilities.
  • Use of the Premises: Whether the property is for residential or commercial use, restrictions on unlawful or unauthorized activities.
  • Maintenance and Repairs: Responsibilities of the landlord and tenant for repairs and maintenance, procedure for reporting defects.
  • Alterations: Whether the tenant may renovate, paint, or modify the premises, requirement for the landlord’s prior consent.
  • Subletting: Whether the tenant is permitted to sublet or assign the tenancy.
  • Termination: Notice period required by either party, grounds for termination, vacating procedure.
  • Inspection Rights: Circumstances under which the landlord may enter the premises (usually with prior notice, except in emergencies).
  • Liability and Damage: Responsibility for damage caused by the tenant, liability for accidental damage or force majeure events.
  • Dispute Resolution: Procedure for resolving disputes, including negotiation, mediation, or legal proceedings.
  • Signatures: Signatures of the landlord and tenant, date of execution, witness signatures.

4. Right to Fair Rent: Section 7 of the Act imposes a restriction on increasing rent beyond the standard rent, and any such excess rent amount is irrecoverable. Moreover, as per Section 8, the landlord is entitled to increase rent if he has made any development, improvement, alteration, or supplied furniture, but the amount must be determined at the standard rate of rent. Landlords cannot charge excessive rents or raise rents arbitrarily.

“Standard rent” means the rent agreed by the landlord and tenant, or prescribed by the rent controller. Section 10 states that any amount in excess of one month’s rent as advance rent, without the prior approval of the controller, shall not be demanded or accepted. If the landlord demands excess advance, the tenant can complain to the Rent Controller or pursue the matter in court under Section 14 of the Rent Control Act.

5. Right to Protection from Arbitrary Eviction: This is the most significant protection the law offers, under Section 18. As long as a tenant pays rent to the full extent allowable by law and performs the conditions of the tenancy, no court can order their eviction, regardless of what the Transfer of Property Act or a private contract might otherwise allow.

There are, however, specific exceptions where a landlord can seek eviction, where the tenant:

• Has acted contrary to certain provisions of Section 108 of the Transfer of Property Act, 1882;
• Has sublet the premises without the landlord’s written consent;
• Has caused a nuisance or annoyance to neighbors;
• Is using the premises for unauthorized purposes; or
• Where the landlord can satisfy a court that they require the premises for their own use.

Even in these circumstances, a landlord cannot simply lock a tenant out. Eviction requires a written notice and, if the tenant does not vacate, a suit filed before the Rent Controller or court, which will hear both sides before issuing any order.

6. Right to Protection from Discrimination: Tenants are generally protected from discriminatory treatment by landlords under Section 28 of the Constitution of Bangladesh, on grounds such as religion, gender, race, or caste, and are entitled to fair and equitable treatment throughout the tenancy.

Is a Security Deposit Necessary?

No. As per Section 10, no security deposit, premium, or salami can be demanded from the tenant. There is, however, an exception: a security deposit, salami, or premium in addition to the rent may be received if the house has been let out for twenty years for development by construction or reconstruction and is not cancellable within ten years.

What Happens When Disputes Arise?

Disputes often arise between landlords and tenants due to unfair rent, abrupt rent increases, eviction, obstruction of enjoyment, failure to provide receipts, and similar issues. Tenants may mediate the issue mutually and come to a resolution through negotiation. If mediation fails, they may approach the office of the Rent Controller under Section 28 within six months — an administrative authority with powers to fix standard rent, hear grievances between landlords and tenants, inspect premises, and order repairs or refunds. A party dissatisfied with a Controller’s decision can generally appeal to the district judge within thirty days under Section 30, whose decision is final.

Where a landlord seeks to evict a tenant after the lease term or for one of the statutory grounds, they must issue proper written notice and, if the tenant does not vacate voluntarily, file a suit for eviction rather than resorting to self-help remedies like changing locks or cutting off utilities.

Recommendations

1. Insist on a written tenancy agreement. Oral agreements are far harder to enforce and leave you exposed in a dispute.
2. Keep every rent receipt. These are your primary proof of a valid, fully paid tenancy.
3. Pay rent on time and document any difficulty. If you cannot pay, notify the landlord in writing and try to reach an amicable resolution that protects your position under the “no eviction while rent is paid” rule.
4. Put maintenance requests in writing, even if you also raise them verbally or by phone.
5. Don’t pay premiums or security deposits beyond the agreed rent; if asked, know that this is generally against the law, and you may be entitled to a refund.
6. Escalate disputes to the Rent Controller before matters become adversarial in court, since this route is generally faster and less costly than civil litigation.
7. Consult a lawyer for anything involving a formal eviction notice, a significant deposit dispute, or a landlord acting outside the legal process.

Enforcement Gaps

Despite a fairly protective statutory framework, implementation and enforcement remain inconsistent in practice. Awareness of the law is relatively low, court backlogs slow down eviction and dispute proceedings, and informal arrangements like verbal leases, undocumented deposits, and unfair rent remain common. There have also been ongoing government discussions about amending the Rent Control Act, including proposals for standardized rental agreements and stronger protection against wrongful eviction, reflecting recognition that the current framework needs better implementation and possibly updated rules to match today’s housing market. Tenants should treat the law as a genuine source of protection, but one that often requires proactive assertion through documentation, the Rent Controller, or the courts, rather than something that is automatically enforced.

Conclusion

Bangladesh’s law gives tenants meaningful protections: security against eviction while rent is paid, limits on what a landlord can charge, a right to receipts and utility access, and recourse through the Rent Controller and courts when disputes arise. The practical value of these rights, however, depends heavily on tenants documenting their tenancy properly and knowing where to turn when problems occur. Given the gap between the law on paper and its enforcement in practice, tenants facing a serious dispute, particularly around eviction or a large deposit, are well advised to seek advice from a qualified lawyer or the local Rent Controller’s office rather than relying solely on general information.

References:

1. Premises Rent Control Act, 1991
2. Contract Act, 1872
3. Transfer of Property Act, 1882
4. BDLex, “Tenant Rights and Rent Control Laws in Bangladesh”
5. British Journal of Arts and Humanities, “The Constitutional Equilibrium of the Bangladesh Premises Rent Control Act, 1991” (2022)

Share this Article

Find Here More Articles