Understand Your Rights As A landlord In India
Rights As A landlord In India: The Supreme Court (SC) sided with the landlord in a three-decade-long dispute between a landlord and a tenant. Additionally, the tenant was fined by the court. While protecting a tenant’s rights is something we frequently talk about and promote, this court decision shows how crucial landlords’ rights are as well. The essential liberties of a landlord are covered in full in navimumbaihouses.com.
The Supreme Court (SC) recently rendered a decision in a case involving a legal disagreement between a landlord and tenant, describing it as a “typical” issue. The highest court ruled in favour of the landlord in the case, which was initially heard in a civil court in 1993. In addition, the court fined the renter Rs 1 lakh and ordered her to pay the owner the rent for the previous 11 years. It is vital to remember that a landlord’s property rights must respect a tenant’s rights. The rights of a landlord are covered in full in the Rent Control Act that the Indian government passed in 1948. Numerous State governments, including those of Delhi, Karnataka, and Maharashtra, have passed or changed the Act in response to this law. These laws have occasionally seen amendments introduced. Continue reading to learn more about landlord rights in India.
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What was the most recent decision of the Supreme Court in a three-decade-old case?
The legal battle centres on a store in Kolkata’s Alipore neighbourhood. A store was rented by the landlord for 21 years. The renter didn’t leave the business premises after the lease’s expiration in 1988. As a result, the landlord brought a lawsuit in 1993. Despite the fact that the landlord was vindicated in this case’s 2005 ruling, the tenant continued to cause problems for the property owner. A new lawsuit was brought in 2009 by the tenant’s nephew, who claimed to be a partner in the shop’s company. This dispute lasted another 12 years.
According to the SC, who looked at the full timeline, the “tenant” party attempted to abuse the legal system and interfere with the landlord’s rights. The tenant must now turn over the property to the owner within 15 days of the court ruling, according to the Supreme Court. Additionally, the rent for the subsequent three months will be due at the market rate as of March 2010. The renter will also be required to pay a Rs 1 lakh fine for excessively bothering the landlord and court.
Important landlord rights in India
In light of the latest ruling, let’s take a closer look at the crucial rights of a landlord.
Right of eviction
Owners of real estate must have the authority to expel tenants who are not appropriate. Property owners had a difficult time evicting renters inhabiting their homes since the Rent Control Act only applied to tenants who had been there for more than a year.
The draft Model Tenancy Act 2020 aimed to resolve issues such as-
- Untimely eviction of tenants
- Mutual fixation and revision of rent
- Repossession issues
Some of the grounds on which the law allows a landlord to evict a tenant are-
- Subletting a part of the property without the landlord’s permission
- Default in rent payments
- Conducting illegal activities on the rented premises
- Breach of rental agreement in general
In the event that the tenant refuses to leave the property, the landlord may also include a condition in the rental agreement providing for a gradual increase in rent. Another reason for eviction is the possession of the property for habitation.
Considering the Maharashtra Rent Control Act, 1999, the landlord is properly protected, according to the statement. The law also protects the interests of long-term renters. However, the law expressly exempts banks and publicly traded firms as well as businesses with paid-in capital of Rs 1 crore from its scope. For instance, under the Act, a bank that continues to occupy a property after the lease has ended may be kicked out.
Additionally, all leave and licence agreements offer the landlord complete protection from non-payment and overstay. They must be evicted by the appropriate authority, which usually takes six months.
Right to temporary property possession
In order to do repairs and upkeep on the property. The landlord is well within his or her rights to have the renter evicted. Landlords have the right to ask tenants to leave if they believe that the required repairs. Construction, renovations, or expansions can’t be made without doing so. After the repairs are finished, the renter may rent the space.
Rights As A landlord In India: Right to hike the rent
When it comes to increasing the rent, the law gives the landlord the upper hand. Owners of real estate, whether residential or commercial, are permitted to charge rent at going market rates as well as raise it on occasion.
By bringing the rental market under the jurisdiction of the official housing sector. The proposed Model Tenancy Act has been crucial in achieving this balance. Important factors in this respect, such as inheritance. The amount of rent due, the time frame, and the duties of both the tenant and the landlord. Are explicitly defined by the Act.
Generally speaking, rent increases about 10% annually in India. But some States have restrictions that apply just to their rental values. For instance. The Delhi Rent Control Act’s Sections 6 and 8A are the only ones that permit rent increases in Delhi.
Rights As A landlord In India : Right to repair notification
The owner of the property has a responsibility to keep the space in a rentable condition. He reserves the right to request that the property be fixed and that he be made aware of any ongoing work. The renters themselves can handle simple repairs. However, the landlord must be contacted in writing for any refunds or advance approvals, etc. According to the Rent Control Act, the landlord and renter must split the cost of repairs.
In conclusion, a landlord’s rights need to be aggressively upheld just as a tenant’s. The suggested Model Tenancy Act is a positive development. The Model Tenancy Act’s swift enactment and careful implementation will open the door for a coordinated rental market throughout India.
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