A law which applies to any rental premises may be residential or commercial that is given for residence, education, business, trade or storage comes under Rent Control Act. This act has been however implemented by every Indian state with their own version which helps in encouraging fair return on the investment by landlords and preventing undue harassment of tenants.
In India, every state has enacted this law as per their convenience. For example, Maharashtra has the ‘Rent Control Act 1999′, Delhi has the ‘Rent Control Act 1958′ and Chennai has the ‘Tamil Nadu Buildings (Lease and Rent Control) Act 1960. The principal objective remains the same i.e. to provide security to tenants as well as to restrict landlords to evict the tenants.
Important features of the Rent Control Act are:
- The Rent Control Act offers a reasonable security of tenure to the tenants and restricts the landlords’ power to evict tenants.
- It enforces fair, standardized rent, beyond which tenants cannot be charged in any of the circumstances.
- It levies various laws which help potential tenants in identifying and securing good rental accommodation.
- It defines landlords’ responsibilities and obligations towards their tenants, in terms of the maintenance of the rented-out homes.
- It also clearly defines the rights of landlords, with respect to tenants who do not fulfil their responsibilities of paying timely rent or misuse the property in any manner.
Rights of Tenant under the Act
Under the act, a landlord cannot increase the rent at any point of time; however, he/she can approach the Rent Control Court to fix a rent. Also, the landlord cannot possess the right to disconnect essential services like electricity and water even due to rental reasons. They can approach the court, however, cannot deprive a tenant of their basic supplies and amenities.
Before evicting a tenant, the landlord is required to approach the court. Byelaws play a major role in such a scenario. For example, the Maharashtra bye-laws are such that do not allow for the eviction of the tenant if the tenant is willing to agree to the changes in rent and to pay the same.
Rights of Landlord under the Act
As per the experts, under the Rent Control Act, the landlord has the right to evict the tenant based on a personal, bonafide requirement.
Also, if in case, a tenant has alternate accommodation available, a landlord can enforce their right and recover the rented premises.
Apart from this, if a landlord has to make some repairs, alterations, and changes in the property then he/ she has the right to recover temporary possession of the same.