The landlord cannot act arbitrarily. The security deposit cannot exceed two months’ rent.
Archives: FAQs
Is there any penalty for the tenant for non-payment of rent?
Rent will be doubled for the first two months, four times for another two months, and six times for the next two months.
How Model Tenancy Act 2021 will help to adjudicate faster?
There will be a separate three-tier system, Rent Authority, Rent Court and Rent tribunal, separate from regular civil courts, to decide the rent matters in a fixed time limit.
What are the new features of Model Tenancy Act 2021?
The two main features of the new Act are, firstly it is mandatory to have a rent agreement in writing which will be saved on a digital platform and secondly, the dispute resolution is faster.
Can a tenant challenge the title of an NRI Landlord?
No, a tenant cannot dispute the ownership title of an NRI landlord.
If a tenant vacates the property without paying the rent of several previous months, how can a Landlord claim the arrears of rent?
In this case, a landlord has to file a suit for recovery against the opposite party to claim the money due towards the rent.
The tenant failed to hand over the peaceful possession of the property to the tenant even after the direction of the Court. How does the order of the Court be implemented?
Execution Petition is maintainable when the tenant disobeys the order passed by the Rent Controller. After filing of Execution petition, the same Court issues warrants of possession against the tenant and the Bailiff (official person from Court) accompanies the landlord (or the person authorized by the landlord) for taking possession of the property.
Can a Tenancy Agreement be executed by an NRI through his SPA Holder?
Yes, the SPA holder of an NRI can enter into a Tenancy Agreement with the tenant. It has to be explicitly mentioned in the agreement that the SPA holder is authorized to enter into the agreement on the basis of SPA executed by the landlord.
What happens with the Court case if the tenant vacates the property during its pendency?
In that event, the Eviction Petition becomes infructuous, and the landlord has to withdraw the same by getting his statement recorded that he has taken over the possession of his property.