I reside in Mumbai and my landlord recently asked me to vacate the house if I do not pay double the rent. However, I have been consistently refusing to pay that amount. What legal options or remedies are available to me as a tenant in this situation?
—Name withheld on request
As per provisions of the Maharashtra Rent Control Act, a landlord cannot increase the rent of the tenanted premises by more than 24% per annum. Under the given circumstances and in case the tenant is compelled to pay more, he can approach the appropriate court. As per provisions of the Act, a landlord is not permitted to increase the rent above the maximum permissible limit as stated hereinabove and any such contravention of the provisions of the Act will construe a punishable offence.
If the landlord has increased the rent in accordance with the statutory limits prescribed under the Act and his tenant refuses to pay the revised rent, then the landlord may approach the court and institute legal proceedings for recovery of rent with permissible increase as per the Act. However, the competent court may not grant relief to the landlord for recovering double the rent and may only permit to recover rent with permissible increase as per the Act.
I am a college student residing in a rented house in Mumbai with my two dogs. Recently, my neighbours lodged complaints about the excessive noise caused by my dogs. Consequently, the landlord reprimanded me and issued a warning that if the noise issue persists, he may terminate the lease and require me to vacate the premises. However, the rental contract we signed does not specifically address this matter. Can the landlord force me to vacate the premises?
—Name withheld on request
As per the provisions of the Maharashtra Rent Control Act, a landlord may recover possession of the premises if the court is satisfied that the tenant or any person inducted by the tenant has been guilty of conduct which is a nuisance or annoyance to a neighbour.
In this particular situation, the landlord may call upon you to vacate the premises within a stipulated period in terms of your lease terms. The landlord may even succeed in evicting you and recovering the possession of the premises from you by obtaining an order from the competent court. Although the lease agreement is silent on this aspect, the Act expressly confers this right upon the landlord, and the absence of such a clause in the lease agreement is not a good justification.
Aradhana Bhansali is partner at Rajani Associates.
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Updated: 13 Jun 2023, 10:09 PM IST