A Guide to the Rights and Responsibilities of Tenants and Landlords Under the Model Tenancy Act, 2019

Introduction: Model Tenancy Act

The Model Tenancy Act, 2019, aims to regulate rental housing in India by ensuring a balanced relationship between tenants and landlords. It provides a legal framework to resolve disputes efficiently and promotes transparency in rental agreements. Understanding the rights and responsibilities under this act can help both tenants and landlords protect their interests and maintain a fair rental system.

What Are the Key Rights of Tenants Under Model Tenancy Act?

1. Right to a Fair Rent – Landlords cannot arbitrarily increase the rent. Any revision must be as per the agreement or legal provisions.
2. Right to a Written Agreement – A formal rental agreement must be executed, clearly stating terms such as rent amount, duration, and maintenance responsibilities.
3. Right to Essential Services – Tenants are entitled to access essential utilities such as water, electricity, and sanitation. The landlord cannot cut off these services.
4. Right to Security Deposit Cap – The security deposit cannot exceed two months’ rent for residential properties and six months for commercial properties.
5. Right to Privacy – Landlords must provide prior notice before entering the rented premises. Arbitrary entry is not allowed.
6. Right to a Notice Period for Eviction – Tenants cannot be evicted without proper legal notice and due process as per the agreement or applicable law.

Responsibilities of Tenants

1. Timely Payment of Rent – Rent should be paid on time as per the terms of the rental agreement.
2. Proper Maintenance of Property – Tenants must maintain the premises in good condition and avoid damage beyond reasonable wear and tear.
3. Adhering to the Agreement – The tenant must comply with the conditions stated in the rental agreement, including the permitted use of the property.
4. Not Subletting Without Consent – Subletting the premises requires prior written permission from the landlord.
5. Providing Notice Before Vacating – Tenants must serve notice as per the rental agreement before vacating the property.

What Are the Key Rights of Landlords Under Model Tenancy Act?

1. Right to Receive Rent on Time – Landlords are entitled to timely rent payments as per the rental agreement.
2. Right to Evict on Legal Grounds – Landlords can evict tenants if they fail to pay rent, misuse the property, or violate agreement terms.
3. Right to Maintenance Cost Recovery – Landlords can charge tenants for damage beyond normal wear and tear.
4. Right to Increase Rent Fairly – Rent can be revised as per the agreement or by giving a proper notice period as per the law.
5. Right to Repossession – After the tenancy period ends, landlords have the right to reclaim possession of the property.

Responsibilities of Landlords?

1. Ensuring a Legally Registered Rental Agreement – Landlords must draft and register a rental agreement to avoid future disputes.
2. Providing Essential Services – Landlords must ensure that water, electricity, and sanitation facilities are in working condition.
3. Timely Repairs and Maintenance – Major structural repairs and maintenance of essential services fall under the landlord’s responsibility.
4. Following Legal Eviction Procedures – Landlords cannot forcefully evict tenants or disconnect services, they must follow due process.
5. Returning Security Deposit – Upon the end of tenancy, landlords must return the security deposit after deducting permissible dues, if any.

How Are Rental Disputes Resolved Under the Model Tenancy Act?

1. Dispute Resolution Mechanism – The Act mandates the establishment of Rent Authorities and Rent Tribunals to handle disputes efficiently.
2. Filing a Complaint – Either party can file a complaint with the Rent Authority in case of disagreement over rent, maintenance, or eviction.
3. Time-Bound Resolution – The law aims for quick resolution of disputes to prevent prolonged litigation.

Conclusion

The Model Tenancy Act, 2019, aims to create a fair and transparent rental market for both landlords and tenants. By understanding their rights and responsibilities, both parties can ensure a smooth rental experience while avoiding conflicts. Proper documentation, timely communication, and adherence to the law can lead to a hassle-free tenancy arrangement.