As housing societies and landlords continue to scrutinise prospective tenants, unmarried couples remain among those most likely to face rejection while searching for a home. Although live-in relationships are legally recognised in India, social attitudes have not evolved at the same pace, leaving many couples caught between legal rights and societal acceptance.In a traditional society, there is often a gap between what is legal and what people consider ethically moral. Unmarried couples choosing to live together do not align with society’s moral compass. Hence, landlords, housing societies, and even neighbours may object to renting homes to live-in couples due to personal beliefs, concerns about social reputation, or fear of objections from other residents.As a result, many unmarried couples continue to face discrimination while searching for a place to live.
The law
The Supreme Court has repeatedly held that live-in relationships between consenting adults are completely legal in India. Adults have the right to choose whom they live with as part of their constitutional right to life and personal liberty under Article 21.However, there isn’t a pan-India anti-discrimination housing law that specifically prohibits landlords from refusing tenants because they are an unmarried couple.As a result, a landlord may legally decide not to rent their property based on personal preferences, provided the decision does not cause unlawful discrimination under any applicable law.Despite their preference, the landlord cannot take any arbitrary action if a formal written agreement has been made. This involves their preference for the couple’s eviction before the lease expires.
Advice for couples
A landlord who wishes to get the premises before the lock-in period expires may use this societal vulnerability to seek eviction.In such a case, a written agreement on stamp paper acts as a strong defence. As a couple, you must ensure both partners are named in the rent agreement. You must obtain written receipts for cash and keep records of online rent payments.Complete police verification where required, and ask for a legal notice when requested to vacate the property rather than relying on verbal instructions or text messages.If the landlord attempts forcible eviction, document the incident and seek legal assistance.
