Model Tenency Act – 2021


By Mr. Anubhav Jain (Advocate)

Executive Summary

The Model Act requires the landlord and tenant to sign a written agreement which specifies the rent, period of tenancy and other related terms.

Security deposit is capped at two month’s rent for residential premises and six month’s rent for non-residential premises.

 Conditions for eviction of tenant under the Model Act include: (i) refusal to pay agreed upon rent; (ii) failure to pay rent for more than two months; (iii) occupation of part or whole of premises without written consent; and (iv) misuse of premises despite a written notice.

 The Model Act established a three-tier quasi-judicial dispute adjudication mechanism consisting of: (i) Rent Authority; (ii) Rent Court; and (iii) Rent Tribunal. No civil court will have jurisdiction over matters pertaining to provisions under the Model Act.

 Rent Authorities and Rent Courts may be established by the District Collector with the approval of the state government. The state or union territory government may establish a Rent Tribunal after consulting with the jurisdictional High Court.

The Model Act requires the landlord and tenant to sign a written agreement which specifies the rent, period of tenancy and other related terms.

Security deposit is capped at two month’s rent for residential premises and six month’s rent for non-residential premises.

 Conditions for eviction of tenant under the Model Act include: (i) refusal to pay agreed upon rent; (ii) failure to pay rent for more than two months; (iii) occupation of part or whole of premises without written consent; and (iv) misuse of premises despite a written notice.

 The Model Act established a three-tier quasi-judicial dispute adjudication mechanism consisting of: (i) Rent Authority; (ii) Rent Court; and (iii) Rent Tribunal. No civil court will have jurisdiction over matters pertaining to provisions under the Model Act.

 Rent Authorities and Rent Courts may be established by the District Collector with the approval of the state government. The state or union territory government may establish a Rent Tribunal after consulting with the jurisdictional High Court.

About the Author: Author is an advocate my profession having practical experience of over 10 years in the field of Income-tax laws, Consumer protection and RERA law.

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Posted on: August 9th, 2021


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