INTRODUCTION:
There are various acts passed separately by various states of India to deal with rent-related problems in their respective states. The law includes both residential as well as commercial units for purpose of renting. The acts related to rent—
The Rent Control Act, 1999 (Maharashtra),
Delhi Rent Control Act, 1958 of (Delhi),
Tamil Nadu Buildings and Lease Rent Control Act, 1960 of (Tamil Nadu).
among others.
RENT AND LEASE AGREEMENTS:
The Rental Agreements and Lease Agreements are the contracts that are preferred. Such a contract includes the Rights and Liabilities of both the parties around which the possession of the unit revolves. In case of violation of anyone’s rights, the aggrieved party may approach the court for restoration of the same. Rental Agreements are signed for a period of 12 months whereas Lease agreements are for a period of 11 months.
DELHI RENT CONTROL ACT:
The Delhi Rent Control Act, of 1958 was introduced in India aiming at the protection of Rights and Security ensured to tenants. The Delhi Rent Control Bill was passed in December 1958 and came into force in February 1959. It extends to areas of the New Delhi Municipal Committee (NDMC), and Delhi Cantonment Board (DCB). Further to urban areas that come within the limits of the Municipal Corporation of Delhi (MCD). The Central Government has the power to extend its jurisdiction by way of notification in the Official Gazette.
The DRC Act fulfills mainly two purposes i.e., Tenant liability to pay standard rent and protection from arbitrary eviction. The Act is applicable only in situations when rent is up to Rs. 3500. If the rent charged is above Rs. 3500 then the tenant may rely upon the Transfer of Property Act, of 1882.
LANDLORD: Section 2 (e) Any person who is entitled to receive rent on account of premises that are lent to the tenant. Here, the term ‘Landlord’ does not merely mean anyone who is authorized to collect rent on behalf of the owner. It includes a person holding General Power of Attorney or legal representative of the owner of premises. Moreover, even the appointment of a clerk for the collection of rent is considered to come under the definition of ‘Landlord’.
STANDARD RENT: If residential premises are let out before 2nd June 1944 the rent shall not exceed Rs. 600. If exceeds Rs. 600 then it should be plus 10 percent of such rent.
If non-residential premises are let out before 2nd June 1944 the rent shall not exceed Rs. 1200. If exceeds Rs. 1200 then it should be plus 10 percent of such rent.
The proceedings of the Delhi Rent Control Act take place before Rent Controller. To deal with cases that come within the purview of the DRC Act the landlord-tenant relation must exist. To prove the relationship between a landlord and tenant mere oral evidence is necessary. (Gomti Devi v. Om Prakash 15 1979 DLT 291) While dealing with matters related to the DRC Act the court is bound to read the legal provisions of the said act carefully. So that the Rights and Obligations of Tenants and that of Landlord may be balanced against each other.
The landlord has no right to evict the tenant without a reasonable reason. According to the act the tenant may only be evicted if—
- The tenant has not paid his due arrears within two months of the notice served legally recoverable from him.
- The tenant has sublet the property without the consent of the landlord in writing. Mere acceptance of rent from a sublessor does not create subtenancy. It also establishes another principle that states that eviction of a tenant does not make the subtenant a tenant.
- The tenant is not using the property for over a period 6 months.
- The landlord has let out the property only for residential purposes but the property is used for commercial purposes.
- The premises may have become unfit for human habitation.
- The premises were let out as the tenant was serving the landlord but the same has ceased to exist.
- Any alterations in the premises without consent of the landlord.
FLAWS OF THE DELHI RENT CONTROL ACT:
The more the Delhi Rent Control Act, of 1958 is favorable toward tenants harsher it is toward landlords. It fails to bring the rent paid at times of the commencement of this act at par with the present date. An amendment in the year 1988 did allow landlords to increment rent after every three years. If expenditure is spent by the landlord for improvement or altercation to premises then the landlord may increase of rent every year. The conditions given for eviction of the tenant are stricter and often fail to get an eviction decree. As this act prevails the tenant refused to evict leading the building becoming more older and high maintenance cost is charged.
CONCLUSION:
Delhi is a metropolitan city where people keep on coming and going with no plan of settling. So, they often tend to enjoy the privilege of tenant-friendly laws rather than building their own home. The low charges for rent that landlords are supposed to keep only lead to worsening the situation of the building. It may become unsafe or unfit for living or using it as a commercial unit. The major problem that landlords in Delhi face are setting amounts for rent, eviction of tenants, and high maintenance cost. The landlord must be compensated for the loss suffered by him due to the unreasonable behavior of the tenant. It is also a rule that was upheld that statutory tenancies can be inherited. Be the premises being used for commercial or residential purposes. That further adds to the liability of legal heirs of the tenant to be fulfilled towards the landlord vis a vis.
