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Rent Control Act
A rental agreement is an arrangement between two parties –
landlord
and
tenant,
by which the landlord allows the tenant the right to the use a property owned by the landlord for a specified period of time, in exchange for periodic payment of rentals.
The agreement does not provide ownership rights to the tenant.
However, the landlord may grant permission to the tenant to modify or change the property to suit his needs. The tenant is responsible for the condition of the property during the period of rent.
Property and real estate laws in India impact everyone and the landlord-tenant dispute is one of the most common disputes.
One of the most common features while entering into a property rental transaction in India is the prevalence of the 11 month rental or license agreements. A period of 11 months is preferred by most landlords while entering into property rentals, because there are two types of agreements that deal with property rental in India, lease agreement and leave & license agreement.
Rental agreements that are over 12 months have to abide by strict rent control laws that are mostly favorable to the tenants.
The Rental control laws currently prevent the landlords from overcharging the tenants and protect the tenants from sudden or unfair eviction.
Also, the right to ownership of the property gets transferred from the landlords to the tenants in case of a lease agreements, making it harder for the landlord to vacate a tenant.
Hence, Landlords do not prefer to enter into rental agreements that are over 12 months.
Leave and license agreements on the other hand are also entered into for a period of 11 months, with an option to renew the agreement at the expiration of the agreement.
As a rental agreement that is 11 months long is just a license for the tenant to occupy the premises for a short duration, rent control laws do not apply.
The Rent Control Act offers security of tenure to the tenants and restricts the landlords’ power to evict tenants.
The Rent Control Act offers security of tenure to the tenants and restricts the landlords’ power to evict tenants.
Be careful while you prepare a rent agreement and to avoid hassles ensure that the agreement has been done by a legal person in order to be able to avoid the risks of letting the possession go in order for you to have missed the most important clause under the eyes of law .
Avoid confronting and interfering in the premises of your tenant in order to avoid any sort of hassle .
On eviction of the premises the tenant must avoid any sort of threat or a similar act in that direction or else it can lead to criminality and trespass with the intentions of lurking and house break also there is a possibility of having the intention to be planning a murder or any similar offence.
Stay safe , consult an advocate for your good.
For any Legal Advice feel free to call at +91-9872628189 ; +91-9041300773
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