The Model Tenancy Act is the rights and obligations of the landlord and tenant, and rental agreements will form the main focus of discussion in this blog. This comprehensive guide aims to simplify the process of letting out property on rent under the Model Tenancy Act for you. To have an effortless and thriving tenancy experience, consider going through the blog for useful tips.
About Model Tenancy Act:
What laws apply to tenant relations in India?
The main aim of the Model Tenancy Act 2021 is to establish rent tribunals for the systematic regulation of renting out of premises to protect the interests of parties to the tenancy agreement and for the quick adjudication of tenancy law disputes, in addition to safeguarding the lessor’s(one who leases out) and lessee’s(One who takes an area on lease) interests in the agreement itself and related transactions.
A Three-Tiered Quasi-Judicial Dispute Resolution System is Established by the Model Tenancy Act:
- (i) Rent Authority,
- (ii) Rent Court, and
- (iii) Rent Tribunal
Civil courts will not have jurisdiction over matters about the provisions of the Model Act. This blog post will go into detail about the various tenancy law aspects that this act covers.
Latest revisions to the Model Tenancy Act:
To simplify rental agreements and safeguard the interests of both landlords and tenants, the model tenancy law was developed. It appears that these modifications have been implemented in Tamil Nadu, Uttar Pradesh, Andhra Pradesh, and Assam. This undoubtedly leads to more consistent and fair rental laws in these states.
Which Rights Are Assigned in the Model Tenancy Act to the Lessee and the Lessor?
Chapter 4 of the Model Tenancy Act enumerates terms and benefits to which the lessor and lessee are entitled. The tenancy agreement must be signed twice by the lessor and the lessee, and a copy must be kept by both for their records. The original lease may be kept by both parties.
What are the Rights of the Lessee/Tenant?
The landlord must give a receipt for any payment made by the tenant. If there is a disagreement between parties, a bank acknowledgment can act as solid proof that money was sent through electronic means.
Should the property owner/landlord fail to fix urgent repairs after receiving a written demand from the tenant or if he ignores them, and yet the concerns raised are essential for habitability, then within a fifteen-day notice, the tenant can leave the property.
Right to Assign Interest in Model Tenancy Act: The tenant may assign their lease rights to a third party or sublet the property. However, he is obliged to abide by the terms of the lease if it places restrictions on such activities. The lessee is still liable for meeting all lease-related obligations even after the transfer.
What are the Indian Legal Grounds for Tenant Eviction?
Landlords have the right to evict tenants from their properties in many legal jurisdictions if they fail to pay their rent or other fees. Here is a detailed description of every scenario:
If a Tenant refuses to pay the rent that was agreed upon: When the tenant refuses to pay the agreed-upon rental amount, this circumstance occurs. Under this situation, the landlord has the right to send the tenant a notice demanding payment of the rent within a specified time frame. According to the Model Tenancy Act, the landlord is entitled to start the eviction procedure if the tenant doesn’t follow it.
If a tenant fails to pay all outstanding rent or other fees: This scenario occurs when the renter is in a backlog on their rental payments or has dues in utilities or maintenance fees, which are included in the lease and must be covered. Similar to the previous instance, the renter would typically get a notification from the landlord granting them a specific period to settle the remaining balance. If the renter doesn’t fulfill their end of the outstanding amount, the landlord might have them evicted.
If the Tenant is Evicted by the Landlord Without Giving Notice, What Actions should You Take according to Model Tenancy Act?
According to the Model Tenancy Act, the land owner must notify the tenant in writing of the lease’s termination. The tenant’s right to be protected from arbitrary and unjust evictions, however, is the most important form of protection. A landlord may evict a tenant on the particular grounds specified in each State Rent Control Act. Tenant evictions for causes other than those specified in the State Acts are not deemed appropriate. Furthermore, if the tenant is forcibly evicted by the landlord for reasons that are not covered by the Act, they have the right to legal protection under the State Acts mentioned above.
What is Rent Court in terms of the Model Tenancy Act?
The Model Tenancy Act 2021 establishes a quasi-judicial system consisting of three tiers: the Rent Authority, Rent Court, and Rent Tribunal. The “Rent Court,” which is designated by Section 33 of the Model Tenancy Act 2021, will hear cases involving rent disputes. The Judges assigned for this purpose will be the District Collector, District Magistrate, or an official of the same rank, selected by the Union Territory Administration or the State Government. Within sixty days, the Rent Court must decide on complaints.
Summing up on the Model Tenancy Act:
To summarize, the landlord’s association model legislation is significant progress toward ensuring that renting remains fair and transparent. Understanding terms, duties, and advantages can enable one to make the best out of his or her tenancy period while also promoting cordial relationships with all stakeholders.
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