Wednesday, 16 May 2018

GOOD ARTICLE ON MAHARASHTRA RENT CONTROL ACT- Part 1


S.2 Application:
This Act shall apply to premises let for the purposes of residence, education, business, trade or storage.

S 3 Exemption:
1) This Act shall not apply:
a) to any premises belonging to government or local authority.
b) to any premises let out to banks, any public sector undertakings or any corporation, foreign missions, international agencies, multi-national companies and private limited companies and public limited companies having paid up capital of Rupees one crore or more.


S 7,(9) Definition of premises-Open space is excluded from maharashtra rent control Act.
S 7(15) Tenant means any person by whom or on whose account rent is payable for any premises.


S 7(15) (d) When tenant dies, any member of tenant's family who-
1) Where they are let for residence is residing,or
2) Where they are let out for education, business , trade or storage is using the premises for any such purpose
with the tenant at the time of his death,or in absence of such member, any heirs of deceased tenant as may be decided in absence of agreement by court.

S 8- Court may fix standard rent and permitted increases in certain cases.

S 9- No application for standard rent in certain circumstances.

S 10- Rent in excess of standard rent is illegal.
Sub S(2) Any contravention shall be an offence punishable on conviction with imprisonment not exceeding three months or fine not exceeding five thousand rupees or both.

S 11-Increase in rent annually and on account of improvement ,special additions, special or heavy repairs.
1) 4 Percent per annum increase in rent.
2) Increase in rent for improvement or structural alterations of premises with consent of seventy percent of tenants given in writing.
Explanation: Improvement and alterations do not include repairs which landlord is bound to make U/S 14 Sub S 1.
3) Increase in rent-Fifteen percent per annum of expenses incurred on account of special additions or alterations or amenities.
Expenses incurred are to be certified by municipal authority or approved architect.

S 12 -Increase in rent on account of payment of rates.
Sub S 2- Rent inclusive of charges for electricity and water-recover additional sum paid by him.

S 14 -Landlords duty to keep premises in good repair.
1) Landlord is bound to keep premises in good and tenantable repairs in absence of contract to contrary by tenant.
2) If landlord neglects to make repairs, within reasonable time after notice of fifteen days is served upon him- tenant can make repairs and deduct expenses of repairs from rent- amount so deducted in any year shall not exceed one fourth of rent payable by tenant for the year.
3) Expenses of repairs- Accounts with vouchers is conclusive evidence of expenditure and shall be binding on landlord.

S 15- No ejectment to be made if tenant pays or is ready and willing to pay standard rent and permitted increases.
Sub S 2- No suit for recovery of possession if tenant pays rent within ninety days of notice.
Sub S 3- No decree for eviction of tenant if tenant pays rent, permitted increases with 15%interest per annum within 90 days from date of service of summons and thereafter continues to pay or tenders in court regularly rent and permitted increases till suit is finally decided and also pays costs of suit as directed by court.
Sub S 4- Court can permit landlord to withdraw the rent.

S 16 Recovery of possession-
1)When landlord may recover possession.
If court is satisfied that

A) that the tenant has committed any act contrary to the provisions of Cl(o) of S 108 of Transfer of property Act.

Explanation: Replacing of tiles or closing of balcony of premises shall not be regarded as an act of causing damage to building.

B) Tenant has without landlord's consent given in writing erected on the premises any permanent structure:

Explanation: Permanent structure does not include the carrying out of any work of any work with the permission, where-ever necessary of municipal authority for providing wooden partition, standing cooking platform in kitchen, door, lattice work, or opening of a window necessary for ventilation,a false ceiling, installation of Air Conditioner,an exhaust outlet or a smoke chimney.

C) Nuisance or annoyance by tenant to neighbouring occupier and premises is used for immoral or illegal purposes.

D) Notice to quit to tenant.

E) subletting by tenant.

F) Premises given to employee for residence and employment has ceased.

G) Bonafide requirement- Premises are reasonably and bonafidely required by landlord for his occupation or occupation of his family members.

H) Premises are required for carrying out repairs.

I) Premises are required for demolition.

J) Terrace is required for demolition.

K) Premises is required for demolition as ordered by municipal authority or other competent authority.

L) Premises is required for erection of new building.

M) tenant has charged excess rent from subletted premises than standard rent and tenant has received fine,premium in respect of such premises.

N) That the premises has not been used without reasonable cause for the purpose for which they were let for a continuous period of six months immediately preceding the date of suit.

Sub S 2- (Principle of Comparative hardship) No decree for eviction shall be passed on the ground specified in Cl (G) of Sub S 1 if the court is satisfied that having regard to all the circumstances of the case, including the question whether other reasonable accommodation is available for the landlord or the tenant greater hardship would be caused by passing the decree than by refusing to pass it. Court can pass eviction decree for part of premises.

Explanation: For the purposes of Cl(G) of Sub S (1) the expression landlord shall not include a rent farmer or rent collector.

Sub S 5 – Assignment of eviction decree obtained on the grounds specified in Cl (G) (H) (I) and (J) of Sub S 1 shall be unlawful.

Read important Judgment on Maharashtra rent control Act.



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