- In India, the Rent Control Act is the legislation that regulates rent control. This legislation is vital in safeguarding the rights of both landlords and tenants. Enacted in 1948, the Rent Control Act is state-specific and may exhibit some minor variations.
Here are the ten regulations mandated by the Housing and Urban Affairs Ministry:
- The Rent Deed:
The landlord and the tenant must enter into a written agreement. This can protect the interests of both sides. Remember that an oral agreement alone will not have legal standing. If the other party proposes a more favorable arrangement, do not agree to anything less than a proper and suitable rent deed.
- Property Maintenance:
The responsibility for maintaining the property is shared by both the owner and the tenants. Simultaneously, tenants are not permitted to make any structural alterations to the building without the owner’s consent. Similarly, the owner cannot renovate any part of the house without the tenant’s consent. Additionally, the upkeep of the structure is the responsibility of both parties. If a tenant neglects this duty, costs can be deducted from their security deposit. If the owner fails to fulfill this duty, the tenant may deduct the amount from the rent.
- Property Damage:
Tenants are required to keep the home’s original condition as it was upon moving in. In any case of damage, whether accidental or deliberate, the owner must be notified. Neglecting to do so may have repercussions for the tenant. Therefore, it is crucial to inform as soon as possible.
- Essential Services:
As a tenant, you are entitled to essential services, including electricity and water supply. The landlord is responsible for providing these fundamental services. The landlord cannot discontinue these amenities even if the tenant has failed to pay the rent owed.
- No Entry without Permission:
Even though the property belongs to the owner, once occupied by tenants, the owner cannot access the house without prior notification. An owner must notify at least 24 hours before visiting the house, regardless of the reason. Whether for an inspection, a repair visit, the owner must inform the residents. Additionally, standard visiting hours are from 7 am to 8 pm.
- Uninhabitable Conditions:
If maintenance costs for a house exceed 50% of the rent, the house is deemed “uninhabitable. ” Tenants have the right to vacate the house with a written 15-day notice. If necessary, assistance can be sought from the local Rent Authority.
- Vacation by the Tenants:
Tenants are obligated to pay the agreed-upon rent amount. However, if they do not comply, the owner may require the tenants to vacate the property, and the tenants will be obligated to do so.
- Tenant’s Death:
In the event of a tenant’s death, the tenancy rights are transferred to their successor.
The successors may include:
- Spouse
- Parents
- Son
- Unmarried daughter
- Daughter-in-law (widow of their deceased son)
In order to possess the right of tenancy, an individual must have been living with the tenant prior to their death. If none of the aforementioned successors shared a residence with the deceased tenant, then no successor shall have the right to tenancy.
- Rent:
The amount of rent is determined between the owner and the tenant, and both parties come to an agreement on it. Should the rent be revised, the owner is required to notify the tenant three months in advance of implementing the new rental agreement. According to the agreement, the tenant is obligated to pay the rent. The amount of rent due may vary from one city to another and from one residence to another.
- Security Deposit:
The majority of landlords request a security deposit. According to the Draft Model Tenancy, the security deposit must not exceed three times the monthly rent. However, it is advisable to verify with your specific state laws regarding this. Upon vacating the property, the landlord is obliged to return this deposit. This sum can be applied towards the last month’s rent or any other mutually agreed-upon expense.
Non-Applicability of the Rent Control Act:
Under the following conditions, the RCA will not apply:
- If the property is leased to a company with rent exceeding INR 1 crore
- If the property is leased to a public sector bank or corporation
- If the property is leased to an international company, agency, or mission
Conclusion
Being aware of your rights and responsibilities is crucial. While it is important to understand your rights as a tenant or a landlord, it is equally essential to invest in property insurance. With the appropriate type of property insurance policy, you can protect your home and/or building from nearly all forms of unexpected damages.
Disclaimer:
The information provided above is solely for illustrative purposes. For further details, please consult policy wordings and prospectus before making any sales decision.
Leave A Comment