Big news for tenants and landlords: The Central Government has approved the Model Tenancy Act (MTA) for circulation in all the States and Union Territories. While preparing the new law, the interests of the landlord and the tenant have been kept in mind.
There is also a provision in this law to form a separate authority or court for any dispute related to rent. Under this law, now no landlord can take more than two months as security deposit for a residential house. If the rent is not received or the tenant does not vacate the house, then the landlord can charge 2 to 4 times more rent from them.
It is believed that after the implementation of this new law, people living on rent will get benefits. Along with this, there will be fundamental changes in the existing system of giving houses on rent. This will accelerate the rental business. Today we are giving you the necessary information related to this so that you can get adequate information about your rights as a landlord or tenant.
Question: What if the rent agreement is not renewed and after that the tenant is staying?
Answer: In such a situation the rent will continue to be renewed on a month-to-month basis as per the terms of the earlier rent agreement. This can be done for a maximum of 6 months.
Question: What is the provision for damages if the tenant is not leaving the house?
Answer: After the completion of the rent agreement, if the tenant does not leave the house even after the extension of 6 months, then it will be considered as default and he will have to pay damages. This amount of compensation will be double of the monthly rent for two months and after that it will be four times of the house rent.
Question: Can the rent be increased between the period fixed in the rent agreement?
Answer: The rent cannot be increased in the middle of the period fixed in the rent agreement. If there is an agreement regarding the rent in the rent agreement, then the decision to increase the rent can be taken on the basis of that.
Question: Will this law affect existing tenants?
Answer: The new Model Tenancy Act (MTA) will likely be implemented. This will not affect existing tenants or landlords.
Question: What is the maximum limit for security?
Answer: In the new law, only a maximum of 2 months’ rent for residential houses can be taken as security. Whereas, for commercial property this limit will be for a maximum of 6 months. That is, for renting a commercial property, the landlord can charge a maximum of 6 months’ rent from you as a security deposit.
Question: Is it mandatory to have a written agreement for all types of rentals?
Answer: Yes, now written agreement has become mandatory for all types of rentals. This agreement will also have to be submitted to the Rent Authority of the concerned district. The rent and its duration will be fixed only on the basis of agreement between the landlord and the tenant. This will be mentioned in the written agreement.
Question: What will be the responsibility of the landlord for renting out the house?
Answer: Under the Model Tenancy Act, unless there is any mention in the rent agreement, the landlord will be responsible for many types of work. In this, the owner will be responsible for structural repair of the house, painting of walls, painting of doors or windows, replacement of plumbing pipes if required, electrical wiring etc.
Question: What are the responsibilities of the tenant?
Answer: The responsibility of repairing water logging, switch or socket repair, kitchen fixture repair, replacement of window-door glasses, maintenance of garden or open spaces, protecting the property from willful damage, etc. will be the responsibility of the tenant. The landlord must inform about any damage caused to the property.
Question: What happens in case of disagreement regarding the repair?
Answer: If the landlord wants to get some additional structural work done on the rented property and the tenant refuses to do so, then the matter can be settled in the Rent Court. For this, the landlord will have to file an application in the Rent Court.
Question: What can’t the landlord do?
Answer: No one can stop the essential supplies to the landlord or tenant of the property. This includes electricity, power, gas etc.
Question: What is the rule for taking out the rent?
Answer: As long as the period of the rent agreement continues, the tenant cannot be evicted. However, if both the parties have made any special agreement in the rent agreement then the same will be valid.
