The Tamil Nadu Regulation of Right and Responsibilities of Landlords and Tenants Act, 2017, which was tabled in the Assembly on Friday, seeks to rewrite the law on various aspects of tenancy including the agreement between the landlord and the tenant, obligations of both the parties, terms for evicting a tenant and division of maintenance responsibilities.
The Act, introduced by Housing Minister Udumalai K. Radhakrishnan, seeks to repeal the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960. It states that the landlord shall intimate the tenant two months prior to the expiry of the 12 months about the revision in rent.
“Where the landlord doesn’t accept any rent and other charges payable or refuses to give a receipt, the rent and other charges shall be sent to the landlord by postal money order or any other method as may be prescribed consecutively for two months, and if the landlord doesn’t accept the rent and other charges within the said period, then, the tenant shall deposit the same with the Rent Authority,” states a provision in the ‘Obligations of Landlord and Tenant.’
Both the landlord and the tenant shall be bound to keep the premises in good condition, and in case of refusal by either of the parties, the other party shall deduct the amount from security deposit (in case of landlord) or from monthly rent (in case of tenant).
The legislation also states that no landlord or tenant shall cut off or withhold any essential supply or service on the premises occupied by either.
In case of such incidents, the Rent Authority will pass an interim direction and conduct an inquiry and levy a penalty on the persons responsible.
‘Misuse of premises’
The Act also defines the term ‘misuse of premises’ as “encroachment of additional space by the tenant or use of premises which causes public nuisance or causes damage to the property or is detrimental to the interest of the landlord or for an immoral or illegal purpose.”
The government is to constitute ‘rent courts’ and the presiding officer of these courts shall be a district judge of the Tamil Nadu State Judicial Service.