Are you planning to rent a house for residential purposes or lease a space for non-residential use? Ensure you have a proper rent agreement with your landlord. Learn about the provisions under the Model Tenancy Act, 2021
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The Model Tenancy Act, 2021, introduced by the Ministry of Housing and Urban Affairs, Government of India, aims to create a more balanced and transparent rental market. This comprehensive guide will help tenants understand the key provisions of the Act and their rights and responsibilities under it.
Introduction
The Model Tenancy Act, 2021, was enacted to regulate the renting of premises, protect the interests of landlords and tenants, and provide a speedy adjudication mechanism for dispute resolution. The Act is designed to formalize the rental housing market, making it more vibrant and sustainable.
Key Provisions of the Model Tenancy Act, 2021
- Written Tenancy Agreement
• The Act mandates a written agreement between the landlord and tenant, specifying the rent, period of tenancy, and other terms. This agreement must be informed to the Rent Authority within two months of execution. - Security Deposit
• For residential properties, the security deposit is capped at two months’ rent.
• For non-residential properties, it is capped at six months’ rent. - Rent and Rent Revision
• The rent payable is the amount agreed upon between the landlord and tenant. Any revision of rent must be in accordance with the terms of the tenancy agreement.
• In case of disputes regarding rent revision, the Rent Authority can determine the revised rent. - Maintenance Responsibilities
• The Act divides maintenance responsibilities between the landlord and tenant. Landlords are responsible for structural repairs, whitewashing of walls, and plumbing, while tenants are responsible for routine maintenance like changing tap washers and cleaning drains etc. - Eviction Conditions
• Tenants cannot be evicted during the tenancy period unless agreed upon in writing or under specific conditions such as non-payment of rent, misuse of premises, or structural changes without consent.
• The Rent Court can order eviction based on these grounds. - Dispute Resolution Mechanism
• The Act establishes a three-tier quasi-judicial mechanism consisting of Rent Authority, Rent Court, and Rent Tribunal to resolve disputes and ensure compliance with the Act. - Entry into Premises
• Landlords must provide 24-hour prior notice before entering the rented premises for repairs or inspections, except in emergencies. - Rights and Obligations of Successors
• The terms of the tenancy agreement are binding on the successors of both the landlord and tenant in case of death. - Subletting
• Tenants cannot sublet the premises without entering into a supplementary agreement with the landlord and informing the Rent Authority. - Withholding Essential Services
• Landlords or property managers cannot withhold essential services like water, electricity, and sanitation. The Rent Authority can order the restoration of such services and impose penalties for violations.
Rights of Tenants under the Model Tenancy Act, 2021
- Right to a Written Agreement
• Tenants have the right to a written tenancy agreement that clearly outlines the terms and conditions of the tenancy. - Right to Fair Rent
• The Act ensures that tenants are charged a fair rent and protects them from arbitrary rent increases. - Right to a Safe and Habitable Living Space
• Landlords are responsible for providing a safe and habitable living environment, including necessary repairs and maintenance. - Right Against Illegal Eviction
• Tenants cannot be evicted without a valid reason and proper legal process. The landlord must provide notice and, in some cases, obtain a court order. - Right to Privacy
• Landlords cannot enter the rented property without the tenant’s permission, except in emergencies. - Right to Continue Tenancy
• In case of the landlord’s death or sale of the property, tenants have the right to continue their tenancy under the same terms. - Right to Seek Legal Remedy
• Tenants can seek legal remedies for any disputes or violations of their rights through the appropriate legal channels.
Responsibilities of Tenants under the Model Tenancy Act, 2021
- Payment of Rent
• Tenants must pay rent and other charges within the stipulated period as agreed in the tenancy agreement. - Maintenance of Premises
• Tenants are responsible for routine maintenance and must keep the premises in good condition, except for normal wear and tear. - Informing Landlord of Damages
• Tenants must inform the landlord in writing of any damage to the premises. - No Unauthorized Structural Changes
• Tenants cannot carry out any structural changes or erect permanent structures without the landlord’s written consent. - Compliance with Terms of Agreement
• Tenants must comply with all terms and conditions outlined in the tenancy agreement.
Conclusion
The Model Tenancy Act, 2021, is a significant step towards creating a more balanced and transparent rental market in India. By understanding their rights and responsibilities under the Act, tenants can ensure a fair and secure tenancy experience. For more detailed information or legal advice, tenants should consult a legal professional or refer to the specific provisions of the Act.
This guide aims to provide a comprehensive overview of the Model Tenancy Act, 2021, and help tenants navigate the rental market with confidence.
