MODEL TENANCY ACT, 2021
An Act
to establish Rent Authority to regulate renting of premises and to protect the interests of landlords and tenants and to provide speedy adjudication mechanism for resolution of disputes and matters connected therewith or incidental thereto.
BE it enacted by the (State/Union territory Legislature) in the Seventy-first Year of the Republic of India as follows: -
(1) This Act may be called the (Name of State/Union territory) Tenancy Act, 2020.
(2) It extends to the whole of the State/Union territory of (Name of State/Union territory):
(3) It shall come into force on such date as the State Government/Union territory Administration may, by notification in the Official Gazette, appoint and different dates may be appointed for different provisions of this Act.
In this Act, unless the context otherwise requires,-
(a) “landlord”, whether called landowner or lessor or by any other name, means a person who receives or is entitled to receive, the rent of any premises, on his own account, if the premises were let to a tenant, and shall include -
(ii) a trustee or guardian or receiver receiving rent for any premises or is entitled to so receive, on account of or on behalf of or for the benefit of, any other person such as minor or person of unsound mind who cannot enter into a contract;
(b) “local authority” means a Village Panchayat or Panchayat Samiti or Zila Parishad or a Municipal Corporation or a Municipal Council or a Nagar Panchayat or a Planning or Development Authority, by whatever name called, or the Cantonment Board, or as the case may be, a civil area committee appointed under section 47
(1) Nothing in this Act shall apply to any-
(a) premises owned or promoted by the Central Government or State Government or Union territory Administration or local authority or a Government undertaking or enterprise or a statutory body or Cantonment Board;
(b) premises owned by a company, University or organisation given on rent to its employees as part of service contract;
(c) premises owned by religious or charitable institutions as may be specified, by notification by the State Government/Union territory Administration;
(d) premises owned by auqaf registered under the Waqf Act, 1995 (43 of 1995) or by any trust registered under the public trust law of the State/Union territory for the time being in force;
(e) other building or category of buildings specifically exempted in public interest by notification by the State Government/Union territory Administrati
(1) Notwithstanding anything contained in this Act or any other law for the time being in force, no person shall, after the commencement of this Act, let or take on rent any premises except by an agreement in writing, which shall be informed to the Rent Authority by the landlord and tenant jointly, in the form specified in the First Schedule within a period of two months from the date of tenancy agreement.
(2) Where the landlord and the tenant fail to jointly inform the execution of the tenancy agreement referred to in sub-section (1), the landlord and tenant shall separately inform the execution of tenancy agreement to the Rent Authority within a period of one month from the date of expiry of the period specified in sub-section (1).
(3) The Rent Authority shall, within three months from the date of its appointment, put in place a digital platform in the local vernacular language or the language of the State/Union territory
(1) Every tenancy entered into after the commencement of this Act shall be valid for a period as agreed upon between the landlord and the tenant and as specified in the tenancy agreement.
(2) The tenant may request the landlord for renewal or extension of the tenancy, within the period agreed to in the tenancy agreement, and if agreeable to the landlord, may enter into a new tenancy agreement with the landlord on mutually agreed terms and conditions.
(3) Where a tenancy for a fixed term ends and has not been renewed or the tenant fails to vacate the premises at the end of such tenancy, then such tenant shall be liable to pay an enhanced rent to the landlord as provided in section 23.
Provided that notwithstanding anything contained in this section, if the term of tenancy expires at a time when the locality where the premises let out on rent is situated is affected by any disastrous event of force majeu
The terms of agreement executed between landlord and tenant, shall be binding upon their successors in the event of the death of the landlord or tenant, as the case may be, and in such case, the successors of the deceased landlord or tenant shall have the same rights and obligations as agreed to in the tenancy agreement for the remaining period of such tenancy.
(1) After the commencement of this Act, no tenant shall, except by entering into a supplementary agreement to the existing tenancy agreement,
(b) transfer or assign his rights in the tenancy agreement or any part thereof.
(2) Where the premises is sub-let upon entering into a supplementary agreement to the existing tenancy agreement as referred to in sub-section (1), the landlord and tenant shall jointly inform the Rent Authority about the sub-tenancy within a period of two months from the date of execution of such agreement in the Form specified in the First Schedule.
The rent payable in respect of a premises shall be the rent agreed to between the landlord and the tenant in accordance with the terms of the tenancy agreement.
(1) The revision of rent between the landlord and the tenant shall be in accordance with the terms of the tenancy agreement.
(2) Where, after the commencement of tenancy, the landlord has entered into an agreement in writing with the tenant prior to the commencement of the work and has incurred expenditure for carrying out improvement, addition or structural alteration in the premises occupied by the tenant, which does not include repairs necessary to be carried out under section 15, the landlord may increase the rent of the premises by an amount as agreed to between the landlord and the tenant, and such increase in rent shall become effective from one month after the completion of such work.
In case of any dispute between landlord and tenant regarding revision of rent, the Rent Authority may, on an application made by the landlord or tenant, determine the revised rent and other charges payable by the tenant and also fix the date from which such revised rent becomes payable.
(1) The security deposit to be paid by the tenant in advance shall be such as may be agreed upon between the landlord and the tenant in the tenancy agreement, which shall -
and
(b) not exceed six months rent, in case of non-residential premises.
(2) The security deposit shall be refunded to the tenant on the date of taking over vacant possession of the premises from the tenant, after making due deduction of any liability of the tenant.
The tenancy agreement shall be signed in duplicate by both the landlord and tenant, and one each of such original signed tenancy agreement shall be retained by the landlord and tenant.
(1) Every tenant shall pay rent and other charges payable within such period as agreed to in the tenancy agreement.
(2) Every landlord or his property manager shall, on receipt of payment towards rent and other charges payable within the stipulated period as in the tenancy agreement from the tenant, provide forthwith against acknowledgement, a duly signed receipt for the amount received by him:
Provided that where the payment of rent or other charges is made by the tenant to the landlord through the electronic mode, the bank acknowledgment thereof shall be conclusive proof of such payment.
(1) Where the landlord refuses to accept any rent and other charges payable or refuses to give a receipt, the rent and other charges shall be paid to the landlord by postal money order or any other method, in such manner as may be prescribed, consecutively for two months, and if the landlord refuses to accept the rent and other charges within such period, then the tenant may deposit the same with the Rent Authority in such manner as may be prescribed.
(2) Where the tenant is unable to decide to whom the rent is payable during the period of tenancy agreement, the tenant may, in such case, deposit the rent with the Rent Authority in such manner as may be prescribed.
(3) Where the rent is deposited under sub-section (1) or sub-section(2), the Rent Authority shall enquire the case as to whom the rent is payable and pass orders as may deem fit on the basis of the facts of the case.
(4) The withdrawal of ren
(1) Notwithstanding any agreement in writing to the contrary, the landlord and the tenant shall keep the premises in as good a condition as at the commencement of the tenancy, except for normal wear and tear, and shall respectively be responsible to repair and maintain the said premises as specified in the Second Schedule or as agreed to in the tenancy agreement.
(2) In case of common facilities shared among the tenants or with the landlord, the respective responsibilities of the tenant and landlord to repair and maintain those facilities shall be such as may be specified in the tenancy agreement.
(3) If the tenant fails or refuses to carry out the repairs referred to in sub-section (1) or sub-section (2), the landlord may carry out the repairs or remove the additional structure erected by tenant without consent of landlord and deduct the amount incurred for such repairs or removal as the case may be, from the security depo
During the subsistence of tenancy, the tenant shall -
(b) inform in writing the landlord of any damage;
(c) take reasonable care of the premises and its contents including fitting and fixtures and keep it reasonably habitable having regard to its condition at the commencement of tenancy and the normal incidence of living.
(1) Every landlord or the property manager may enter the premises let out on rent after serving a notice, in writing or through electronic mode, to the tenant at least twenty four hours before the time of entry under the following circumstances, namely:-
(b) to carry out an inspection of the premises for the purpose of determining whether the premises are in a habitable state; or
(c) for any other reasonable cause for entry specified in the tenancy agreement.
(2) The notice referred to in sub-section (1) shall specify the day, time and reason for entry:
Provided further that nothing contained in this section shall prevent the landlord from entering into
In case the landlord has engaged a property manager, the landlord shall provide the following information to the tenant, namely:-
(b) proof that such property manager is authorised by the landlord;
(c) specific purposes for which the property manager has been authorised by the landlord and the period of such authorisation; and
(d) if the property manager is a legal entity, the name of the entity and the person authorised in this behalf by that legal entity who may be contacted in relation to the tenancy agreement.
(1) The duties of the property manager shall include the following, namely:-
(b) to do essential repairs on behalf of the landlord;
(c) to inspect the premises from time to time;
(d) to give notices to tenant for-
(i) proper maintenance of the premises;
(ii) delay in payment of rent;
(iii) revision of rent;
(iv) vacation of premises;
(v) renewal of tenancy;
(e) help in resolution of disputes among tenants and between landlord and tenant;
(f) any other matters relating to tenancy to be acted upon only on the instructions of the landlord.
(2) Where the property manager acts, in contravention of the provisions of sub-section (1) or against the instructions of the
Section 19 of the Model Tenancy Act, 2021, delineates the duties and responsibilities of the property manager, as well as the consequences of violations thereof. It aims to streamline the management of rental properties, ensure accountability, and prevent misuse or neglect of property management duties. This provision is a key component in establishing effective oversight and accountability within the framework of the Act, fostering a balanced relationship between landlords, tenants, and property managers.
Section 19 prescribes that the property manager shall perform specific duties, including maintaining the premises, ensuring compliance with rental agreements, and safeguarding tenant rights. It also states that failure to fulfill these duties shall attract penalties, including removal or suspension of the property manager. The section emphasizes the importance of adherence to prescribed duties to prevent violations such as withholding essential supplies or services, unauthorized sub-letting, or neglecting repair obligations.
Section 19 applies broadly to all property managers engaged in managing rental properties under the Act, whether in residential or commercial sectors. It covers both individual property managers and institutional entities responsible for property oversight. The section aims to standardize management practices, prevent abuse, and ensure accountability, thereby fostering a fair rental market. It also interacts with provisions related to eviction, dispute resolution, and property maintenance.
Violations of the duties under Section 19 attract penalties such as:- Removal or suspension of the property manager by the Rent Authority or relevant authority.- Fines or disciplinary action as per the rules framed under the Act.- Legal action for breach of duties, especially if violations result in damage, harassment, or illegal eviction.- Liability for damages caused due to neglect or misconduct, including compensation to tenants or landlords.
In conclusion, Section 19 of the Model Tenancy Act, 2021, plays a pivotal role in establishing a disciplined, transparent, and accountable property management regime, ensuring the rights and obligations of property managers are enforced, violations are penalized, and overall stability and fairness are promoted in the rental housing market.
(1) No landlord or property manager shall, either by himself or through any other person, withhold any essential supply or service in the premises occupied by the tenant.
(2) In case of contravention of provisions of sub-section (1) and on application made by the tenant in this behalf, the Rent Authority after examining the matter, may pass an interim order directing the restoration of supply of essential services immediately on service of such order upon the landlord or property manager, as the case may be, pending the inquiry referred to in sub-section (3).
(3) The Rent Authority shall conduct an enquiry in respect of the application made by the tenant under sub-section (2), and complete the inquiry within one month of filing such application.
(4) The Rent Authority may, after giving a reasonable opportunity of being heard, award a compensation not exceeding two months rent to be paid by the person r
(1) A tenant shall not be evicted during the continuance of tenancy agreement unless otherwise agreed to in writing by the landlord and tenant, except in accordance with the provisions of sub-section (2) or in accordance with the provisions of section 22.
(2) The Rent Court may, on an application made to it by the landlord in such manner as may be prescribed, make an order for eviction and recovery of possession of the premises on one or more of the following grounds, namely: -
(b) that the tenant has not paid the arrears of rent and other charges payable in full as specified in sub-section (1) of section 13 for two consecutive months, including interest for delayed payment as may be specified in the tenancy agreement within a period of one month from the date of service of notice of demand for payment of such arrears of r
(1) Notwithstanding anything contained in this Act or any other law for the time being in force, in case of death of the landlord, where there is a bonafide requirement of the premises let out on rent by the legal heirs of the landlord during the period of tenancy, such legal heirs may file an application in this behalf for eviction and recovery of possession of the said premises before the Rent Court in such form and manner, as may be prescribed.
(2) The Rent Court may, on an application made to it under sub-section (1), if it is satisfied that the legal heirs of the deceased landlord are in bonafide requirement of the premises let out on rent, pass necessary orders against the tenant for handing over vacant possession of the said premises to the legal heirs of the deceased landlord.
Where the tenant fails to vacate the premises let out on rent in accordance with the tenancy agreement on the expiration of the period of tenancy or termination of tenancy by an order or notice under the provisions of this Act, such tenant shall be liable to pay the landlord -
(b) four times the monthly rent thereafter till the tenant continues to occupy the said premises.
(1) Where a landlord exercises the right of recovery of possession under sub-section (2) of section 21 or under section 22, and he had received any rent or any other payment in advance from the tenant, he shall before recovery of possession, refund to the tenant such amount after deducting the rent and other charges due to him.
(2) If the landlord fails to make any refund, he shall be liable to pay simple interest to the tenant at such rate as may be prescribed from time to time on the amount which he has omitted or failed to refund.
In any proceedings for recovery of possession on any ground other than that referred to in clause (a) or clause (b) of sub-section (2) of section 21, where the tenant contests the claim for eviction, the landlord may at any stage of the proceedings apply to the Rent Court to direct the tenant to pay him the rent payable, as under section 8, and the Rent Court may order the tenant to make such payment and all other charges due from the tenant along with penal charges, if any, due to delay in payment, in accordance with the provisions of sub-section (1) of section 14.
(1) Tenant shall not carry out any structural change or erect any permanent structure in the premises let out on rent without the written consent of the landlord.
(2) Where the landlord proposes to make any improvement in or construct any additional structure on any premises which has been let out to a tenant and the tenant refuses to allow the landlord to make such improvement or construct such additional structure, the landlord may make an application in this behalf to the Rent Court.
(3) On an application made by the landlord under sub-section (2), if the Rent Court is satisfied that the landlord is ready and willing to commence the work which is necessary, the Rent Court may permit the landlord to do such work and may make such other order as it may deem fit:
Provided that such improvement or additional structure shall not decrease or diminish or deteriorate the accommodation or housing services in
(1) Notwithstanding anything contained in section 21 or section 22, where any premises let out for rent comprises vacant land, upon which it is permissible under the municipal bye-laws for the time being in force to erect any building whether for residence or for any other purpose, and the landlord who intends to erect such building is unable to obtain possession of the same from the tenant on the basis of the tenancy agreement, the landlord or, in case of death of the landlord, his legal heirs, may file an application in this behalf, in such form and manner as may be prescribed, before the Rent Court.
(2) The Rent Court may, on receipt of the application referred to in sub-section (1), if it is satisfied that the landlord is or, as the case may be, his legal heirs are ready and willing to commence the work and that the severance of the vacant land from the rest of the premises shall not cause undue hardship to the tenant,-
Notwithstanding anything contained in any other law for the time being in force, where the interest, of a landlord or in case of death of the landlord, of his legal heirs in any premises is determined for any reason whatsoever and any order is made by the Rent Court under this Act for the recovery of possession of such premises, such order shall, subject to the provisions of sub-section (3) of section 21, be binding on all occupants who may be in occupation of the premises and vacant possession thereof shall be given by all such occupants to the landlord or to the legal heirs of the landlord.
Notwithstanding anything contained in this Act or any other law for the time being in force, a tenant may give up possession of the premises on giving such written notice as is required under the tenancy agreement and in the absence of any stipulation relating to such notice, the tenant shall give notice to the landlord of at least one month before giving up possession of the premises.
The District Collector or District Magistrate shall, with the previous approval of the State Government/Union territory Administration, appoint an officer, not below the rank of Deputy Collector, to be the Rent Authority within his jurisdiction.
The Rent Authority shall have all the powers as are vested in a Rent Court under this Act in respect of any proceedings initiated under sections 4, 9, 10, 14, 15, 19 or section 20 and the procedure as laid down in sections 35 and 36 shall apply in such proceedings.
(1) Any person aggrieved by the order of the Rent Authority may prefer an appeal to the Rent Court having territorial jurisdiction.
(2) The appeal under sub-section (1) shall be preferred within a period of thirty days from the date of the order of the Rent Authority.
The District Collector or District Magistrate shall, with the previous approval of the State Government/ Union territory Administration, appoint Additional Collector or Additional District Magistrate or an officer of equivalent rank, to be the Rent Court for the purposes of this Act, within his jurisdiction.
The State Government/ Union territory Administration may, in consultation with the jurisdictional High Court, may by notification, appoint District Judge or Additional District Judge as Rent Tribunal in each district.
(1) Save as provided in this section, nothing contained in the Code of Civil Procedure, 1908 (5 of 1908) shall apply to the Rent Courts and Rent Tribunals, which shall be guided by the principles of natural justice and shall have power to regulate their own procedure in the following manner, namely:-
(b) the Rent Court or, as the case may be, the Rent Tribunal shall then issue notice to the opposite party, accompanied by copies of application or appeal, affidavit and documents;
(c) the opposite party shall file a reply accompanied by affidavit and documents, if any, after serving a copy of the same to the applicant;
(d) the applicant may file a rejoinder, if any, after serving the copy to the opposite
(1) The Rent Court and the Rent Tribunal shall, for discharging their functions under this Act, have the same powers as are vested in a civil court under the Code of Civil Procedure, 1908 (5 of 1908) for the purposes of, –
(b) requiring the discovery and production of documents;
(c) issuing commissions for examination of the witnesses or documents;
(d) issuing commission for local investigation;
(e) receiving evidence on affidavits;
(f) dismissing an application or appeal for default or deciding it ex-parte;
(g) setting aside any order of dismissal of any application or appeal for default or any other order passed by it ex-parte;
(h) execution of its orders and decisions under this Act without reference to
(1) Any person aggrieved by an order passed by the Rent Court, may prefer an appeal along with a certified copy of such order to the jurisdictional Rent Tribunal within the local limits of which the premises is situated, within a period of thirty days from the date of that order.
(2) The Rent Tribunal, upon filing an appeal under sub-section (1) shall serve notice, along with a copy of appeal to the respondent and fix a hearing not later than thirty days from the date of service of notice of appeal on the respondent and the appeal shall be disposed of within a period of sixty days from such date of service.
(3) Where the Rent Tribunal considers it necessary in the interest of arriving at a just and proper decision, it may allow documents at any stage of the proceedings in appeal:
Provided that no such document shall be allowed more than once during the hearing.
(4) The Rent Tribun
(1) The Rent Court shall, on an application filed by any party, execute an order of a Rent Court or a Rent Tribunal or any other order made under this Act, in such manner as may be prescribed, by-
(b) attaching one or more bank accounts of the opposite party for the purpose of recovering the amount specified in such order; or
(c) appointing any advocate or any other competent person including officers of the Rent Court or local administration or local body for the execution of such order.
(2) The Rent Court may take the help from the Local Government or local body or the local police for the execution of the final orders:
Provided that no applicant shall obtain police help unless he pays such costs as may be decided by the Rent Court.
The State Government/Union territory Administration may, in consultation with the Rent Authority or Rent Court or Rent Tribunal, determine the nature and categories of officers and other employees as it considers necessary and appoint such officers and other employees for the efficient discharge of their functions under this Act.
(1) Save as otherwise provided in this Act, no civil court shall entertain any suit or proceeding in so far as it relates to the provisions of this Act.
(2) The jurisdiction of the Rent Court shall be limited to tenancy agreement submitted to it as specified in the First Schedule and shall not extend to the question of title or ownership of premises.
(1) The provisions of the Court Fees Act, 1870 (7 of 1870) shall apply in respect of applications or appeals to be presented before the Rent Authority or Rent Court or Rent Tribunal, as the case may be.
(2) For the purposes of computation of court fees, the application for recovery of possession made to the Rent Court and the memorandum of appeals presented before the Rent Tribunal, shall be deemed to be a suit between the landlord and the tenant.
(3) The court fees for the application filed before the Rent Authority shall be same as that of an interlocutory application presented in a civil court.
Every member of Rent Authority, Rent Court and Rent Tribunal appointed under this Act shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code (45 of 1860).
No suit, prosecution or other legal proceeding shall lie against any person, Rent Authority, Rent Court or Rent Tribunal in respect of anything which is in good faith done or intended to be done in pursuance of this Act.
(1) The State Government/Union territory Administration may, subject to the condition of previous publication, make rules for carrying out the provisions of this Act.
(2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-
(b) the manner of payment of rent and other charges to the landlord by the tenant by postal money order or any other method and the manner of deposit of rent and other charges with the Rent Authority on refusal by landlord to accept the same under sub-section (1) and the manner of deposit of rent with the Rent Authority under sub-section (2), of sec
Every rule made by the State Government/Union territory Administration under this Act shall be laid as soon as may be, after it is made, before the State Legislature/Union territory Legislature where it consists of two Houses, or where such Legislature consists of one House, before that House.
(1) If any difficulty arises in giving effect to the provisions of this Act, the State Government/Union territory Administration may, by order published in the Official Gazette, not inconsistent with the provisions of this Act, remove the difficulty:
Provided that no such order shall be made after the expiry of a period of two years from the commencement of this Act.
(2) Every order made under this section shall, as soon as may be after it is made be laid before each House of State Legislature/Union territory Legislature.
(1) The State/Union territory Rent Control Act, which is in force immediately before the commencement of this Act, is hereby repealed.
(2) Notwithstanding such repeal, all cases and other proceedings under the said State/Union territory Rent Control Act pending, at the commencement of this Act, shall be continued and disposed of in accordance with the provisions of the said State/Union territory Rent Control Act, as if that Act had continued to be in force and this Act had not been enacted.
FORM FOR INFORMATION OF TENANCY
To,
The Rent Authority
________________________________
________________________________ (Address)
| 1. | DIVISION OF MAINTENANCE RESPONSIBILITY BETWEEN THE LANDLORD AND THE TENANTS |
Unless otherwise agreed in the tenancy agreement, the landlord shall be responsible for repairs relating to matters falling under Part A and the tenant shall be responsible for matters falling under Part B.
Part A:
Responsibilities of the Landlord
1. Structural repairs except those necessitated by damage caused by the tenant.
2. Whitewashing of walls and painting of doors and windows.
3. Changing and plumbing pipes when necessary.
4. Internal and external electrical wiring and related maintenance when necessary.
Part B:
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