I reside in Mumbai and my landlord lately requested me to vacate the home if I don’t pay double the hire. However, I’ve been persistently refusing to pay that quantity. What authorized choices or cures can be found to me as a tenant on this state of affairs?
—Name withheld on request
As per provisions of the Maharashtra Rent Control Act, a landlord can not enhance the hire of the tenanted premises by greater than 24% each year. Under the given circumstances and in case the tenant is compelled to pay extra, he can strategy the suitable court docket. As per provisions of the Act, a landlord just isn’t permitted to extend the hire above the utmost permissible restrict as said hereinabove and any such contravention of the provisions of the Act will construe a punishable offence.
If the owner has elevated the hire in accordance with the statutory limits prescribed underneath the Act and his tenant refuses to pay the revised hire, then the owner might strategy the court docket and institute authorized proceedings for restoration of hire with permissible enhance as per the Act. However, the competent court docket might not grant reduction to the owner for recovering double the hire and will solely allow to get well hire with permissible enhance as per the Act.
I’m a school scholar residing in a rented home in Mumbai with my two canine. Recently, my neighbours lodged complaints concerning the extreme noise brought on by my canine. Consequently, the owner reprimanded me and issued a warning that if the noise situation persists, he might terminate the lease and require me to vacate the premises. However, the rental contract we signed doesn’t particularly handle this matter. Can the owner drive me to vacate the premises?
—Name withheld on request
As per the provisions of the Maharashtra Rent Control Act, a landlord might get well possession of the premises if the court docket is glad that the tenant or any individual inducted by the tenant has been responsible of conduct which is a nuisance or annoyance to a neighbour.
In this explicit state of affairs, the owner might name upon you to vacate the premises inside a stipulated interval when it comes to your lease phrases. The landlord might even reach evicting you and recovering the possession of the premises from you by acquiring an order from the competent court docket. Although the lease settlement is silent on this side, the Act expressly confers this proper upon the owner, and the absence of such a clause within the lease settlement just isn’t a superb justification.
Aradhana Bhansali is associate at Rajani Associates.
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Updated: 13 Jun 2023, 10:09 PM IST
