Rent Control Act has been implemented by the State Governments to consolidate the law relating to the property rental and eviction of tenant – for encouraging fair return on the investment by landlords and preventing undue harassment of tenants. Rent control act typically applies to rental Premises that are let for the purpose of residence, education, business, trade or storage. In this article, we review the rental control act in detail. A central Rent Control Act was passed by the legislature in 1948. It regulates the rules of letting out a property and ensures that neither the landlords nor the tenants’ rights are exploited by the other. It should also be noted that currently, each state has its own Rent Control Act, though largely similar to each other, they carry some minor differences.
In India, renting or letting out of any property for residential or commercial purposes is subjected to various rules and regulations, such as: – Under the law, it is a must to have a written agreement between the two parties enumerating all the terms and conditions of tenancy.
An agreement reached without being expressly put in writing will not be a valid contract in the following cases:
- Any changes regardless of the type of rectification must also be put in writing.
- The agreement must be dated and signed by both parties, i.e. the landlord and the tenant.
- The agreement must be stamped and registered.
- Without a valid rental agreement, the rights and duties of the landlord and the tenant cannot be enforced or protected by law.
Therefore, it is always prudent to enlist the help of a legal practitioner in the making of such an agreement as many complexities entail, especially for commercial leasing.
Rights of Tenants In India
- Right to say no to the oral agreement
- Right to enjoy peaceful possession
- Right not to leave the premises
- Right to receive the deposit
- Right to access essential services