[Hyderabad Tenants] The Legal Aspects of Rent Control

[Hyderabad Tenants]

The Legal Aspects of Rent Control :

Under the Indian Constitution, housing is a state subject. Thus, the enactment and enforcement of rent control laws is the responsibility of the individual states. While this is in accordance with the federal nature of the Indian Republic, it makes a comparative analysis of the rent control laws that much more difficult.

The common thread running through almost all rent control Acts and legislations is that they are intended to serve two purposes:

1. To protect the tenant from eviction from the house where he is living except for defined reasons and on defined conditions; and

2. To protect him from having to pay more than a fair/standard rent.

But most acts also confer upon the landlord the right to evict a tenant who is guilty of certain specified acts and also when the landlord requires the house for his own personal occupation.
There are various grounds under which a landlord can evict a tenant. The most common of these are listed below. There are also some states, where one or more of the provisions given below don’t apply.

1. Breach of condition of tenancy
2. Subletting
3. Default in payment of rent for specified period
4. Requirement of building for own occupation
5. Material deterioration in the condition of the building

The landlord is required to specify the exact provision of the relevant act under which he is seeking the eviction of the tenant, to enable the tenant to take any remedial action provided in the act.

The whole idea of a rent control act is to control and regulate eviction of tenants and not to stop it altogether.

-Hyderabad Tenants Blog Admin

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Posted By Hyderabad Tenants to Hyderabad Tenants at 9/30/2008 04:03:00 PM