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Indian Model Tenancy Law
The Ministry of Housing and Urban Affairs will be approaching the Cabinet to get an approval of the Model Tenancy Law, 2016 to revamp the Indian rental housing market, which is mainly unorganized due to the absence of any governing rules and regulations.
E-permits for buildings have already been operational in over 2,000 cities across 14 states and would soon this system will be available in all the 4,400 towns by the Q1 of 2021.
How the Tenancy Law translates into real life?
The Indian housing market has been unorganized for a long time now, the recent introduction of the RERA was a much-needed relief for the consumers.
Tenants in the rental housing world were at the mercy of landlords and owners. Charging exorbitant security deposits to harassing tenants by asking them to vacate the rented space immediately, it was all a mayhem.
Security deposit paid by the tenant in advance shall be
• Maximum of 2 month’s rent in case of a residential property.
• Minimum of 1 month’s rent in case of non-residential property.
Landlords and or the property manager may enter rented premises ...
... only after issuing a written notice or notice through electronic medium served to the tenant at least 24hrs hours before the time of entry.
• The notice shall specify the reason for entry, the day and time of entry between 7 AM to 8 PM only.
Rent Court and Rent Tribunal
• Under this Act, the Rent Court and the Rent Tribunal will not be bounded by the Code of Civil Procedure, 1908 but will exercise natural justice and shall have the power to regulate using their own procedure.
• The Rent Court or the Rent Tribunal shall strive to solve the dispute within 60 days from the date of receipt of the application or appeal.
Division of Responsibilities
Section 15, under the Second Schedule, lays down the duties and responsibilities of the tenants as well as the landlords.
• Responsibilities of the Landowner include structural repairs (except the damage caused by the tenant), painting and whitewashing, internal and external electrical wiring and related maintenance.
• Responsibilities of the Tenants include periodic repairs to maintain serviceability of the rented space.
At the outset, the tenancy laws under THE MODEL TENANCY ACT, 2019 (Cabinet approval pending) will establish the Rent Authority for regulating renting of premises efficiently and transparently.
It will balance the interests of owner and tenant by establishing a mechanism for speedy conflict redressal by setting up a Rent Court and Rent Tribunal to hear appeals in concerning matters.
• GOV.IN (2019). The Model Tenancy Act, 2019. Retrieved from Link
• (2020, June 23). Housing ministry to soon seek cabinet nod on model tenancy law — ET RealEstate. Retrieved August 31, 2020, from Link
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