The Maharashtra Rent Control Act, 1999

 

                         THE MAHARASHTRA RENT CONTROL ACT, 1999

           In today’s day-to-day life, everyone is busy with their respective work. One has to be a migrant because of their jobs, education, duty, etc. they were searching for compatibility & afforded house for them. Sometimes to save money & time they avoid making rental agreements and even Landlords sometimes intentionally don’t make any agreement. This can cause a crisis either to a tenant or a landlord.  

Let us know some rights and duties of a tenant & a landlord before taking/giving property on rent in the state of Maharashtra.  

The Maharashtra Rent Control Act, 1999 encourages the law relating to the control of rent, the construction of new houses. It provides certain rights to the Landlords as well as to the Tenants. Definition of Landlord & Tenant prescribed under section-7 in this act as follows, 

"Landlord", means any person who is, for the time being, receiving, or entitled to receive, rent in respect of any premises whether on his own account or on account or on behalf, or for the benefit of, any other person or as a trustee, guardian, or receiver for any other person or who would so receive the rent or be entitled to receive the rent if the time to time derives title under a landlord, and further includes in respect of his sub-tenant, a tenant who has sub-let any premises; and also includes, in respect of a licensee deemed to be a tenant under the provisions of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947.  

"Tenant", means any person by whom or on whose account rent is payable for any premises and includes; such person,

i)                    who is a tenant, or

ii)                  who is a deemed tenant, or

iii)                who is a sub-tenant as permitted under a contract or by the permission or consent of the landlord, or

iv)                who has derived title under a tenant, or

v)                  to whom an interest in premises has been assigned or transferred as permitted. 

 

Jurisdiction of Courts :

i) In the area of Brihan Mumbai, the Court of Small Causes, Mumbai,

ii) the court of the Civil Judge (J.D.) or if there is no such Civil Judge, the court of the Civil Judge (S.D.) has jurisdiction to entertain any dispute between a Landlord and a Tenant. 

There are provisions under this act regarding Fixation of Standard Rent & Permitted Increases. Court has authority to fix standard rent under section 8. If any Landlord claim any increases above the standard rent then, according to section 10, he shall be liable for the punishment with imprisonment not exceeding three months or fine not exceeding rupees five thousand or with both.

Every Landlord is bound to keep the premises in good and tenantable repair before giving it to a tenant. If the Landlord neglects in such a case, the Tenant may themselves deduct the expenses of such repairs or otherwise recover them from the landlord. Under section 16, certain rights were given to the landlord for recover possession. For this, the Tenant must have to give a ‘Quit Notice’ to the landlord. If any decree or order has been passed regarding the suit then, an appeal can be made under section 34 in the Court of Civil Judge (J.D.) or Court of Small Causes. Every appeal shall be made within thirty days from the decree or order or in computing the period of limitation prescribed in sections 4, 5 & 12 of the Limitation Act, 1963.