Draft Model Tenancy Act: 10 Things To Know

by Ankita Sehgal Freelance Blogger, Lives in New Delhi

The housing scenario in India is changing rapidly. Many house owners living in small towns or cities in India are migrating to metropolitan cities in search of better career opportunities and lifestyle. Some of them have to part with their own houses just to rent a tiny cubicle in a big city. At times, landlords are not very welcoming. At other times, tenants find it a little difficult to adjust. Without proper rules and regulations, their rights may be subjected to a violation. That is why it becomes imperative to safeguard the rights of both tenants and the landlords. Although the Government of India had a policy in place to regulate the rental housing in India but it couldn’t be continued as it followed the archaic model. After observing the grievances of this model, the central government has come up with the Draft Model Tenancy Act, 2015.

If you want to know more about the draft and other related updates, it is advisable to follow some prominent real estate news portals and website. You can also look out for significant real estate companies like DB Realty and update yourself with their new projects, news about their steadfast management by looking for Rajiv Agarwal news etc.

Here are some salient features of the act which every tenant and landlord must know about:

· Security deposit: As per the Draft Model Tenancy Act, it is illegal for the landlord to ask for a security deposit which is as much as three times the monthly rent. However, the same can be taken under consideration if there is an agreement stating the same. Moreover, it is mandatory for the landlord to return the security deposit to the tenant within one month of him leaving the house/flat.

· Rent increase: It is the responsibility of both the landlord and the tenant to maintain the property, as stated by the draft. If the landlord is carrying out an urgent renovation work especially the structural renovation, he can increase the rent of the property after one month. However, this can only be done after consulting the tenant. Similarly, if there is any disrepair after the contract has been made, the tenant can very well ask for the decrease in the rent. If the landlord is not willing to do so, the tenant has the right to approach the 'Rent Authority'.

· Eviction: According to the Draft Model Tenancy Act, the landlord can’t evict the tenant before the rent agreement expires. However, there is an exception to this rule. If the tenant has failed to pay his rent for consecutive months or he has misused the property, he can be evicted well before the rent agreement expires.

· Establishment of the rent courts: The draft asks for the establishment of rent courts, authorities, and tribunals to help solve the disputes related to rental housing economy. This means if there is a dispute between a tenant and a landlord, they can’t go to the civil court. They need to approach these rent courts and rent tribunals for a fair judgment.

You can also ask your housing society’s interference in the matter. With prominent real estate companies like DB Realty, this is quite feasible. You can know more about their policies by checking their website or following their management team members like Rajiv Agarwal on Wikipedia and other reliable news portals and websites.