The Rent Control Act is the important act passed by the Government of India in 1948. The act, however, seen as pro-tenant, also, talks about the protection of rights of landlords. Moreover, The Rent Control Act offers the security of tenure to the tenants and restricts the landlords’ power to evict a tenant. Recently, several amendments have taken place about new laws supporting landlords.
Whether a first-time landlord or a seasoned renter, here’s what you should know about the fundamental rights of landlords:
Right to evict a tenant
With the Rent Control Act applies particularly to a tenancy of over 12 months, things appeared harder for landlords to evict a tenant living in the property in India for years. The Draft Model Tenancy Act 2015, aims to make things simpler for landlords as well as tenants by addressing untimely eviction, repossession issues as well as mutually fixing and revising the rent. Laws presently allow landlords the right to evict a tenant on the grounds of breach of the rental agreement; subletting rented premises or a part of it without landlord’s permission; misuse of the property; default in the payment of rent for a specified period; or conducting illegal exercises in the rented premises. The landowner also has a right to evict a tenant if he/she requires the building for his or her occupation.
To prevent tenants from overstaying, landlords can also add a condition of increase in rent in the agreement, if the tenant does not vacate the property when the contract ends.
Right to a temporary recovery of possession
A landlord is entitled to get possession of the property, in case there is a need for him to carry out alterations, repairs or enhancements to the building, which cannot be carried out without the building/flat being vacated, after which the building will again be offered to the tenant. Moreover, if the rented accommodation has become unsafe for habitation and cannot be renovated without being vacated, the landlord is entitled to take possession of the property. Moreover, rent control laws have very strong provisions against the evict of a tenant from a property.
Right to increase the rent
Regulations allow landlords to have the upper hand as far as the collection of rent is concerned. Owners of residential property or commercial property not only have a right to charge rent at market rates from their tenants for taking the premises but also to increase the rent periodically. The Draft Model Tenancy Act is instrumental in creating a profit by bringing the urban rented accommodations under the purview of the approved housing sector. The Act specifies the period, inheritance, rents payable as well as the obligations of landlord and tenants. In India, the applicable rate of rent increase is around 10 percent, every two years, for residential properties. But, mostly, laws are governing this too.
To be advised of meaningful repairs
It is the right and duty of the landlord to answer the requests for repairs in a consistent amount of time. The tenant could undertake minor maintenance of the property. Though, for all significant repairs requiring reimbursement, prior permission requires to be taken from the landlord in writing. Thus, a landlord has the right to be notified about necessary repairs being made to his or her property or land. As per law, the landlord is under obligation to keep the property in good and tenantable form. However, the rent control act renders the provision for both parties to share the financial burden of the repairs.
It is advisable that in order to evict a tenant the landlord is required to approach the court and take a legal advice from a law firm or property eviction lawyer.