When a landlord rents his home or if a tenant occupies a rental home, such activities of evicting a tenant for property in India fall under the scope of the Rent Control Act. Every state has its own rent control law. 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 basic idea of the Act is to settle disputes between the landlord (licensor) and the tenant (licensee).
Key features of the Rent Control Act
This Act gives tenants a security and restricts landlords in their ability to evict their tenants. It eliminates loopholes that put both landlords and consumers at risk of deception. The main features of the Act for evicting a tenant for the property are:
- It provides various laws for leasing real estate to help potential tenants identify and secure good rental housing.
- It leads to fair, standardized rental offers beyond which tenants cannot be charged in most circumstances.
- It intends to protect tenants against discrimination and unfair eviction by their landlords.
- It defines the responsibility and obligations of the landlord towards his tenants in relation to the maintenance of the rented apartments.
- It also simply defines the rights of landlords in relation to tenants who fail to meet their obligations to timely pay rent or misuse the property in any way.
How the Rent Control Act for evicting a tenant from property protects the interests of landlords
Under the Act for evicting a tenant from the property, a landlord can recover possession of a rented property if they need the property for his bona fide purposes. Similarly, the Act for evicting a tenant from property states that if a tenant has alternative accommodation available, a landlord can assert their right and reclaim the rented premises.
Often, rented premises are old and possibly in a dilapidated state. The Act, therefore, allows landlords to exercise their rights to build new buildings in accordance with the relevant laws to rebuild these buildings.
Cases in which the Rent Control Act for evicting a tenant from property cannot be applied
Premises that have been rented or sub-leased to banks, public sector undertakings or any companies set up by or under any state or central act, or foreign agencies, multinationals companies, international agencies, are exempt from the application of the Act. The Act for evicting a tenant for the property also does not apply to premises let to private limited and public limited companies with paid-up share capital of Rs. 1 crore or more.