Landlord And Tenant

The Government of India tried to overhaul the legal framework in the field of rental housing across India by releasing the Model Tenancy Act, 2019. This step was taken in pursuance of the Government's dream of "housing for all by 2022". This legislation aims to make the practice of renting premises more lucrative by plunging the gaps that are prevalent in the renting practices for both landlord and tenant. However, Land is the State subject and thus, the state government might or might adopt the provisions of the Act.

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LEGAL BITS YOU SHOULD KNOW

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The relationship between tenant and landlord under this Act can be understood by analyzing the following new introductions in the Act:

1) Section 4 of the Act states that it is mandatory to have an agreement of tenancy in writing, this written agreement must be produced before the rent authority constituted under the Act with 2 months of signing such agreement by both landlord and tenant jointly. The landlord is obligated to give one originally signed copy of the agreement to the tenant within 15 days of execution under section 12.

2) According to section 5 (3) if the tenancy agreement is not renewed by, the tenant it is permitted to be extended on the same terms of the old agreement up to 6 months beyond which the tenant shall be a tenant in default and liable to pay rent to the landlord as per section 22 of the Act.

3) Section 22 of the Act states that in case of failure by the tenant to vacate the rented premises after the tenancy is terminated by order, notice, or according to the agreement, he is liable to pay the double of the monthly rent for the first 2 months and four times of the monthly rent thereafter.

4) As per section 7 of the act tenant is not allowed to sublet the premises without the permission of the landlord and if so done with the permission rent of such subletting cannot be more than the rent payable by the original tenant.

5) Section 15 of the act makes it the responsibility of both the tenant and the landlord to maintain and repair the premises collectively according to the second schedule of the Act and the agreement of the tenancy. In case of failure on the landlords part tenant can get the repair done and deduct the amount from periodic rent similarly if the tenant fails to abide by, he obligation landlord can get it done and deduct the amount from the security deposit.

6) The security deposit payable in advance is to be decided by the landlord and tenant mutually however, it cannot be more than 2 month’s rent for residential property and 1 month’s rent otherwise as per section 11 of the Act.

7) It shall be the duty of the tenant to look after the premises and inform the landlord of any damage as soon as possible under section 16.

8) The landlord must give 24 hours’ notice to the tenant before entering the premises and he must restrict himself in the time frame of 7 am to 8 pm as per section 17.

9) landlord or property manager is not entitled to withhold any essential supply or service in the premises as per section 20 and if so done an application can be filed before the rental authority who has conduct inquiry and dispose of such application within  1 month.

10) Revision of rent shall be done according to the provisions of the rent agreement further 3 months’ notice must be given to the tenant for the same under section 9 of the Act.

11) Section 36 states that the rent court or rent tribunal as the case may be must dispose of the application filed before it within 1 month.

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