The Bombay High Court, while hearing a case, drew a line regarding the rights of tenants. The court said that the rights of tenants are limited. The tenant cannot force the landlord to follow his own rules regarding the repair of the property. Let us know about it in detail.
Bombay High Court has given an important decision regarding the rights of tenants during the hearing of the case. The High Court said that tenants have limited rights. In such a situation, he cannot give instructions to the landlord to get the property redeveloped. The case was related to Khar (West) Building of Mumbai.
Here’s a ‘recalcitrant tenant’ (In the words of the High Court) was stopping the repair work of the building. The court directed BMC to issue the commencement certificate related to redevelopment. In this case, the owner of Limited Liability Partnership firm GM Heights had filed a petition in the High Court.
During the hearing of the case, the bench of Justices Girish Kulkarni and RN Ladda said that the rights of the tenant cannot be increased to such an extent that the redevelopment of the property is done as per the wish of the tenant. It should not be the case that the basic physical rights of the property owner to make changes in his property as per his choice are taken away.
The High Court in its judgment said that the only right of the tenants was to be provided with alternative accommodation of equivalent area to that occupied by them before the building was demolished. According to the lawyer associated with the case, this decision of the High Court is expected to open the way for future redevelopment projects.
What is the whole matter-
Actually, the building regarding which the case is going on is originally known as Rami Raja Chawl. 21 tenants lived in it. The building was demolished in August 2021 after it was declared dilapidated. After this the building owner proposed to build a commercial building. According to senior advocate GS Godbole, who appeared on behalf of the building owner, the MC had accepted the proposal.
Barring one, the other 20 tenants had no objection to building a commercial building in the redevelopment plan. This tenant refused to give NOC. Also did not sign the permanent alternative housing agreement. In 2021, BMC had a condition that approval for actual construction or commencement certificate was to be issued only after the consent of all the tenants. In his petition, the owner challenged the BMC’s conditions, arguing that they were arbitrary and unconstitutional.
What are the rights of tenants?
The Government of India passed a Central Rent Control Act in the year 1948. There have been changes in it from time to time. Some time ago, the Central Government had approved the new rent law only two years ago. Its objective was to protect the rights of both the property owner and the tenant as well as to prevent exploitation. The rules for renting out property were described in this Act. It is worth noting that every state has its own rent control law. Despite this, there is no significant difference in it. In such a situation, it is necessary to make a written agreement before taking a house on rent. In such a situation, you are eligible to complain on the appropriate forum in case of any dispute arising in future.
Rent agreement is necessary
Under the Model Tenancy Act, it is necessary to have a rent agreement between the landlord and the tenant. Under Section 5 of the Act, each tenant is valid for a period. This period is mentioned in the rent agreement. The agreement will mention how long the tenant will stay, how much rent he will pay, security amount and other things. The agreement can be renewed before the end of the stay period. If after a certain period of time the agreement is not renewed and the tenant does not vacate the room or building, he has to pay the increased rent to the landlord. If he continues to occupy the house, the increased rent will be double the monthly rent for the first two months and then four times.
- The security amount in the rent agreement cannot exceed two months’ rent. In case of commercial building, this amount has been kept equal to 6 months’ rent. If the tenant vacates the room, the landlord will have to return this amount within a month.
- If the landlord wants to increase the rent, he has to give notice to the tenant three months in advance.
- Electricity and water are the fundamental rights of the tenant, the landlord cannot stop the electricity, water or parking of the tenant in case of any kind of dispute.
- If the landlord wants to increase the rent, he has to inform the tenant 3 months in advance. Apart from this he cannot charge rent more than the market price.
- The tenant has the right to receive a receipt in lieu of paying rent every month. If the landlord makes the tenant vacate the house before the time written in the agreement, then he can present the receipt as evidence in the court.
- If the tenant is not at home then the landlord cannot break the lock of his house. Apart from this, the landlord cannot throw out the tenant’s belongings from the house.
- The landlord can reprimand the tenant for keeping the house or building dirty.
- The tenant will have to inform the landlord one month before vacating the house. If the landlord wants to evict the tenant, he will have to give 15 days’ notice.
- Under the new law, it is the responsibility of the landlord to maintain the structure of the house.
- If the tenant dies and his family lives with him then the landlord cannot suddenly ask him to vacate the room.
- After the agreement, the landlord cannot enter the tenant’s house without permission. If the landlord wants to enter the room, he must first take permission from the tenant.
- The landlord cannot install a camera near the tenant’s house, especially near the house of a female tenant, without her permission. Doing this violates the tenant’s privacy and is a legal offence. There is also a provision for imprisonment of 3 to 7 years and financial fine for this.
- Landlords cannot prevent tenants from keeping pets. Doing so comes under the Cruelty to Animals Act. If keeping of pets is banned then it will be a violation of Article 51G of the Constitution.
