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Are You a Tenant? Know Your Legal Rights!

Many individuals now live in leased residences in cities. The landlord-tenant relationship is governed by both contract and law. However, many renters are unaware of their legal rights, which can result in unfairness. Tenants need to learn their rights in order to protect themselves and avoid housing issues and confrontations.

Tenants have certain legal protections under the Maharashtra Rent Control Act, 1999.This law protects renters from illegal evictions and regulates rent hikes. This article discusses tenants’ legal rights.

Maharashtra Rent Control Act, 1999

The Maharashtra Rent Control Act of 1999 is a significant statute implemented by the state government to provide legal regulation to the interaction between landlords and tenants. Previously, distinct rent rules existed in Mumbai, Pune, and other districts, but in 1999, a uniform law was developed and applied throughout Maharashtra.

The primary goal of this law is to prevent tenants from being illegally evicted from their houses while simultaneously protecting landlords’ rights. As a result, landlord-tenant relationships become more open and transparent.

This law applies to both residential and commercial properties and establishes explicit standards for rent, rent increases, agreements, maintenance, provision of amenities, eviction procedures, and other relevant issues.

Why Every Tenant Needs a Legal Ally ?

It’s not always easy to understand your legal rights as a tenant, and renting a home can present unforeseen difficulties. A legal professional can guide you through rental laws, go over your rental agreement, and make sure there aren’t any unfair clauses or unexpected rent escalation.

You’ll have an experienced person to help you navigate the legal system and safeguard your interests in the event that problems like eviction threats, disagreements over repairs, or redevelopment come up.As a tenant, having a reliable attorney by your side not only improves your legal protection but also eases your mind. It can be very helpful to consult with Adv. Abdul Mulla, the author of this article, at www.asmlegalservices.in or www.lifeandlaw.in. 

Important Legal Rights as a Tenant

  1. Right to a Written and Registered Rent Agreement (Section 55)
    A rent agreement cannot stay verbal; it must be in writing and documented. Section 55 of the Maharashtra Rent Control Act of 1999 makes it mandatory to document the rent agreement. A registered agreement explicitly defines the terms between the tenant and the landlord, which helps to avoid future problems. A formal agreement provides reliable verification of the rent price, contract duration, services and facilities, maintenance, and other details.
  2. Right to Receive Rent Receipts (Section 31)
    After paying rent, the landlord is legally compelled to produce a receipt. Section 31 requires the landlord to offer the tenant a receipt as confirmation of rent payment. This receipt is important for the tenant’s protection because it acts as legal proof of timely rent payment. If the landlord refuses to provide a receipt, the tenant may initiate a legal complaint.
  3. Regulation and Limitation on Rent Increases (Sections 10, 11, 12)
    By law, a landlord cannot increase rent arbitrarily. Under Section 10, charging rent above the agreed and legally permissible amount is illegal. Section 11 states that the landlord can raise the rent by only 4% annually. In some cases, such as renovations, repairs, or reconstruction, the landlord may request a rent increase, but only if legal conditions are fulfilled. According to Section 12, if there is an increase in government taxes, rent may be increased proportionately.
  4. Protection Against Forceful Eviction (Section 15)
    The landlord cannot forcibly remove a tenant who pays their rent on time and follows the terms of the agreement.Section 15 requires the landlord to get a court order for eviction.  Even in cases of rent arrears, the landlord must give 90 days written notice. If the tenant pays the remaining sum within this time window, the eviction cannot continue.
  5. Prohibition on Cutting Essential Services (Section 29)
    Section 29 prohibits landlords from purposefully disconnecting basic services such as water, power, sanitation, or drainage. Landlords may seek to squeeze tenants for nonpayment by discontinuing certain services, although this is completely prohibited. In such instances, the tenant may submit a complaint with the court or authorities, seeking an order to restore services.
  6. Right to Maintenance of the Property (Section 14)
    Landlords are legally required to keep the property in habitable condition. According to Section 14, if the residence requires repairs and the landlord refuses to make them, the tenant can submit a 15-day notice and do the repairs themselves.The incurred expenses can be subtracted from the rent.However, the expense cannot exceed 25% of the annual rent and can be reclaimed with interest.
  7. Right to Legal Redress (Section 33)
    The statute establishes a Rent Control Court to address landlord-tenant issues. Section 33 allows a tenant to seek justice on concerns such as rent increases, evictions, and service disconnections. This court strives to expedite the resolution process while also providing legal protection to the tenant.
  8. Right to Rehabilitation After Redevelopment (Sections 20 & 21)
    If a landlord decides to demolish the house and build a new one, the tenant has the right to be rehoused in the same location as the new structure. Section 20 requires the tenant to express their intent for rehabilitation in writing, whereas Section 21 requires the landlord to provide three months’ notice of the new house’s availability. The new premises must be offered on the same terms, with only a minor increase in rent.
  9. Rules Regarding Subletting or Transfer (Sections 25 & 26)
    Tenants are not legally permitted to sublet or transfer the premises to others without the landlord’s approval. Section 26 states that if a tenant subleases or transfers the property without agreement, the landlord may take legal action. However, Section 25 allows a subtenant to be recognised as an “authorised tenant” under specific conditions.

Conclusion

The Maharashtra Rent Control Act of 1999 grants tenants many legal rights. It is critical to understand your rights about rent hikes, repairs, receipts, and protection against arbitrary eviction. Understanding your rights allows you to prevent conflicts and provides you the confidence to take appropriate legal action when necessary.

Seeking legal assistance is critical for tenants since competent advice can help them settle any legal difficulties efficiently. Consult with a skilled legal professional to preserve your rights and ensure a stable tenancy. In such cases, seeking advice from the author of this article, Adv. Abdul Mulla, at www.asmlegalservices.in or www.lifeandlaw.in, can be immensely beneficial.

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