The challenges faced by both the tenants and the landlords are equal in their aspects and this has caused a major problem of housing accommodation in the country. But, the introduction of the Draft Model Tenancy Act in the Union budget for FY2019-20 has given relaxation to both the parties. Hence, this blog post allows you to have a clear understanding of the law.
1. Security Deposit
According to this Act, the landlord cannot ask for more than two months security deposit money and he/she has to return the same amount to the tenant. However, the timeframe can hit the landlords as the money is insufficient in case some major damage happens to the property.
2. Revised Rent
Revision in the rental agreement has been made. Under the Tenancy Act, the landlord cannot increase the rental amount without notifying the same in the rent agreement. Usually, the rent agreement is made for 11-months, but whatever the period is the draft model tenancy act does not permit the landlord to increase the rent amount before the completion of said period.
The rent can only be increased in case the landlord has spent money to repair, renovate or made structural changes to the property. However, the rental agreement should have the clause for increasing the rent according to which, the landlord has to offer written notice that too three months in advance before revising the rental amount.
3. Rental Penalty
The Act has kept both parties in mind and thus the landlord can penalize a tenant in case he/she do not vacate the property even after the completion of rental tenure. The property owner can impose twice of the monthly rent for two months and four times of the monthly rent after on the tenant. This provision offers security to the landlords who avoid renting property over the fear of property loss.
4. Rental Premises and Subletting
The landlords are required to inform the tenant about their visit to the property 24-hours in advance. The property owners can walk in to meet the tenant between 7pm and 8pm. Subletting is the concept where the rental accommodation can be shared by more than one tenant. However, the actual tenant cannot sublet the portion of the accommodation without the consent of the landlord. Also, he/she cannot charge the other tenant for more than the total rental amount.
5. Property Maintenance
Both, the landlord and the tenant are responsible for the property maintenance. There are times when the issue of maintenance arises between the two but now the rental agreement will specifically mention who will take care of what. For example, if the maintenance of a certain thing is a responsibility of the landlord but he/she fails to do the required then the tenant can deduct the same amount from the monthly rental. Similarly, if the tenant is responsible to repair something but denies to do so then the landlord can deduct the amount for the same from the security deposit.
Here it is important to know that in case the amount is more than the security deposit then the tenant has to pay the remaining sum of money.
6. Exiting Rental Accommodation
The landlord can make a legal move against the tenant in the rent court if he/she do not pay the rent for two months. The tenant can be directed to stay in the accommodation if he/she make timely payment within a month’s time.
The tenant can also serve a 15-day notice before leaving the accommodation if he/she feels the property to be inappropriate for stay.