The Legal Aspects of Rent Control :
Under the Indian Constitution, housing is a state subject. Thus, the enactment and enforcement of rent control laws is the responsibility of the individual states. While this is in accordance with the federal nature of the Indian Republic, it makes a comparative analysis of the rent control laws that much more difficult.
The common thread running through almost all rent control Acts and legislations is that they are intended to serve two purposes:
1. To protect the tenant from eviction from the house where he is living except for defined reasons and on defined conditions; and
2. To protect him from having to pay more than a fair/standard rent.
But most acts also confer upon the landlord the right to evict a tenant who is guilty of certain specified acts and also when the landlord requires the house for his own personal occupation.
There are various grounds under which a landlord can evict a tenant. The most common of these are listed below. There are also some states, where one or more of the provisions given below don’t apply.
1. Breach of condition of tenancy
2. Subletting
3. Default in payment of rent for specified period
4. Requirement of building for own occupation
5. Material deterioration in the condition of the building
The landlord is required to specify the exact provision of the relevant act under which he is seeking the eviction of the tenant, to enable the tenant to take any remedial action provided in the act.
The whole idea of a rent control act is to control and regulate eviction of tenants and not to stop it altogether.
-Hyderabad Tenants Blog
23 comments:
there is no agreement between me and my landlord. however, he gives me receipts at the end of the year for 12 months. if my landlord wants me to vacate immediately without notice, how can i insist on my mandatory notice period, which can be up to two months as he has taken a deposit of two months rent (for which there is no receipt). can i pay to rent control office? if so, where in hyderabad is it?
Hi Subhorup
There is always chance that owner can vocate U without notice,as you havent signed on any rental Agreement.You have just an oral understanding,which you cant rely on that.
Go to any Register offices in Hyderabad,You can find many people,with boards displayed "NOTARY".They can draft Rental Agreement according to terms agreed between you and your house owner.
Sir,
We are a Private Limited Company having taken on rent a Compound (Factory) of 7.5 Acres from a Partnership Firm during 1988 (Unregistered Lease Deed, later registered in 1998 & 2004 valid upto 31.10.2018)
The Partnership firm consists of partners two of who are also directors in the private limited company.
Now we understand that the property was a disputed property and it was the matter of an arbitration award of 1976 which was confirmed by the supreme court in 2003 and the party to whom the compound was allotted has now come (after 6 years of the award being confirmed by the Supreme Court) to take possession of the same from us although our Registered lease deed is valid till 2018.
Could you be kind enough to advise our (Lessee) rights in the above circumstances.
Thanks & Regards,
Anup Gupta, Director,
Mahalakshmi Oils (P) Ltd.,
Sangadigunta, GUNTUR - 522 003
MOBILE: +919849086789, E-MAIL: anup@moilindia.com
my tenant has been staying for about 20 years and not paying rent for 5 years.Now she is not vacating the house inspite of repeated requests.kindly advice.Thanks
I have a commercial property which we leased for 1.5 lack but regsitered the agreement for only 30K in register office, we also have non register agreement of 1.5 lack seperately.Now the tenant is not paying rents and not lifting phones how can i evacate him.
Naveen
sir i have a shop at hissamgunj secunderabad i gave it for rent 5 yrs ago and now i wanted to vacate him and there was no agreement and rental recepit given to him what should i do and he is approaching the court.
Our current rent is 6500/- Is it fair if the house owner increases 500/- every year?
Hi,
I am stayin in new rented from only past 4 months rent Rs.6500+300.and suddenly my landlord came and telling to give Rs,1000 Additional rent from next month without any notice prior and he not made any agreement with other tenants intially. But I have the agreement for 11 months. Tell me what could be do in this case as he his acting rudely with the tenants.
It's very useful. Thank you for sharing nice tips.
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What is the max loss for revocation of house rent contract by a tenant in hyderabad ?
Owner is very irritating
I want to get out from here, what can I do?
my landlord is working in singapore, we have taken his 2bhk aprtment for rent on nov 2015 for 6500, by apr 2016 he has increase the rent by 500. we agreed for it and we are paying 7000 now.
However now one the master bed room is badly effected by fungus we have 4 months baby at home.So we have informed several times to th owner to get repaired but he is not willing to do it so we have informed we will vaccate the house asap becoz we 4 months baby at home. But he is not agreeing he needs one month as he will be in loss.But the fungus is fastly spreading to other bedroom as well.we have been sending the images and videos of the fungus. BUt he is not responding and also he is not ready to pay our advance back. Please let u know how to goahaead.
my landlord is working in singapore, we have taken his 2bhk aprtment for rent on nov 2015 for 6500, by apr 2016 he has increase the rent by 500. we agreed for it and we are paying 7000 now.
However now one the master bed room is badly effected by fungus we have 4 months baby at home.So we have informed several times to th owner to get repaired but he is not willing to do it so we have informed we will vaccate the house asap becoz we 4 months baby at home. But he is not agreeing he needs one month as he will be in loss.But the fungus is fastly spreading to other bedroom as well.we have been sending the images and videos of the fungus. BUt he is not responding and also he is not ready to pay our advance back. Please let u know how to goahaead.
Hi, we are living in a township of 450 flats occupancy which includes both owners and tenants. Recently they have further an association and started imposing too many wages. Can tenants also form an association. If so what is the standard procedure. Please help me quickly.
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My landlord is increasing 3% rent every year. I want to know what are the rules for increase in rent and how much percentage should be increased.
sir I'm a landlord and I want to evict a tenant from my property.my property is so old it is 50yrs old tenant lives in my property around 40 yrs we don't have any agreement in between hus he pays rent below the market value we don't have any rental agreement.
sir how to evict him from my property
sir we are small wages people we are paying
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