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    Mrca - 6

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    Khushi Mishra
    The document summarizes sections of the Maharashtra Rent Control Act pertaining to a landlord recovering possession of a rental property. It outlines 13 circumstances where a court may grant a landlord possession, such as if the tenant has caused damage, sublet without permission, or stopped using the property as intended. It also describes the process for eviction and penalties for noncompliance, such as landlords not providing essential services or charging excessive rent.

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    Mrca - 6

    Uploaded by

    Khushi Mishra
    17 views14 pages
    The document summarizes sections of the Maharashtra Rent Control Act pertaining to a landlord recovering possession of a rental property. It outlines 13 circumstances where a court may grant a landlord possession, such as if the tenant has caused damage, sublet without permission, or stopped using the property as intended. It also describes the process for eviction and penalties for noncompliance, such as landlords not providing essential services or charging excessive rent.

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    MRCA - 6

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    The document summarizes sections of the Maharashtra Rent Control Act pertaining to a landlord recovering possession of a rental property. It outlines 13 circumstances where a court may grant a landlord possession, such as if the tenant has caused damage, sublet without permission, or stopped using the property as intended. It also describes the process for eviction and penalties for noncompliance, such as landlords not providing essential services or charging excessive rent.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    17 views14 pages

    Mrca - 6

    Uploaded by

    Khushi Mishra
    The document summarizes sections of the Maharashtra Rent Control Act pertaining to a landlord recovering possession of a rental property. It outlines 13 circumstances where a court may grant a landlord possession, such as if the tenant has caused damage, sublet without permission, or stopped using the property as intended. It also describes the process for eviction and penalties for noncompliance, such as landlords not providing essential services or charging excessive rent.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    of 14

    MAHARASHTRA RENT CONTROL ACT, 1999

    31.03.2000
    CHARGING SECTION (S.16 R/W S. 24, 25)

    1
    RECOVERY OF POSSESSION [CHAPTER 4]
    SECTION 16 – WHEN LANDLORD MAY RECOVER POSSESSION

    • THE COURT NEEDS TO BE SATISFIED OF THE FOLLOWING PROVISIONS-

    - (a) CONTRAVENTION OF * CAUSING DAMAGE DOES NOT INCLUDE REPLACING OF TILES &
    CLAUSE O OF S.108 OF CLOSING OF BALCONY
    TPA,1882.

    - (b) TENANT ERECTED PERMANENT STRUCTURE DOES NOT INCLUDE-


    PERMANENT STRUCTURE WORK WITH PERMISSION OF MUNICIPAL AUTHORITY
    WITHOUT WRITTEN CONSENT WOODEN PARTITION
    OF LANDLORD. COOKING PLATFORM
    DOOR
    LATTICE WORK
    VENTILLATION OR CHIMNEY
    2
    (c) THE TENANT OR AGENT OR PERSON CLAIMIMG UNDER TENANT HAS DONE AN ACT OF NUISANCE OR CAUSED
    ANNOYANCE TO ADJOINING OCCUPIER OR DONE AN IMMORAL ACT UNDER THE ACT OF 1949, ACT OF 1948, ACT OF
    1965

    (d) TENANT = GIVEN NOTICE TO QUIT = LANDLORD CONTRACTED TO SELL OR TAKEN STEPS WHICH REQUIRES TO
    OBTAIN POSSESION OF PREMISES.

    (e) The tenant ON OR AFTER ACT 1.02.1973 IN AREAS WHERE ACT OF 1947 APPLIES
    OR
    IN AREAS OF VIDARBHA OR MARATHWADA
    UNLAWFULLY SUBLET OR LICENSED OR ASSIGENED OR TRANSFERRED HIS INTEREST THEREIN

    3
    (f) THE TENANT IS NO LONGER IN SERVICE OF LANDLORD FOR WHICH PREMISES WERE GIVEN ON RESIDENCE
    PURPOSES.

    (g) THE PREMISES REQUIRED REASONABLY BONAFIDE FOR OCCUPATION OF LANDLORD OR PERSON FOR
    WHOSE BENEFIT IT IS HELD OR FOR PUBLIC TRUST.

    (h) THE PREMISES REQUIRED REASONABLY AND BONAFIDELY BY LANDLORD FOR REPAIRS PURPOSES.

    (i) THE PREMISES REQUIRED REASONABLY AND BONAFIDELY BY LANDLORD FOR


    DEMOLITION PURPOSES.

    4
    (j) THE PREMISES WERE TENEMENTS CONSTRUCTED ON TERRACE and LANDLORD REQUIRES THE TERRACE OR
    PART OF TERRACE FOR DEMOLITION AND ERECTION.
    * PREMISES LET INCLUDES GARAGES, SERVANT QUARTERS, OUTHOUSES .

    (k) THE PREMISES REQUIRED FOR IMMEDIATE PURPOSES OF DEMOLITION ORDERED BY MUNICIPAL OR
    COMPETENT AUTHORITY.

    (l) THE PREMISES CONSISTS OF OPEN AREA i.e, GARDEN OR GROUNDS APPERTUANANT TO BUILDING WHICH
    THE LANDLORD REQUIRES FOR ERECTION PURPOSES.

    (m) THE RENT CHARGED BY THE TENANT IS IN EXCESS OF S.D. RENT AND P.I.

    (n) THE PREMISES GIVEN ON RENT WERE -------- NOT USED----- FOR THE PURPOSES FOR WHICH THEY WERE
    LET ----- FOR CONTINUOUS PERIOD OF ----- 6 MONTHS.

    5
    SUB SECTION (2) (3) (5) (7)

    • (2) NO DECREE OF EVICTION UNDER • (5) AN ASSIGNMENT OF DECREE OF


    CLAUSE (g) IF COURT SATISFIED THAT EVICTION UNDER (g) IS UNLAWFUL.
    GREATER HARDSHIP WILL BE CAUSED
    BY PASSING DECREE THAN BY • (7) IF THE POSSESION IF RECOVERED
    REFUSING. UNDER (g) BUT PREMISES
    TRANFERRED TO SOME OTHER
    * DECREE COULD BE PASSED IN RESPECT PERSON BY LANDLORD OR BY LAW----
    OF A PART. THE TRANFER SHALL BE SUBJECT TO
    • (3) THE LANDLORD CANNOT RECOVER RIGHTS OF TENANT.
    POSSESION UNDER (g) IF TENANT IF
    CG OR ARMED FORCES.

    6
    SUB SECTION (4) (5) (7) (10)

    • (4) THE COURT PAY PASS DECREE OF EVICTION • (7) THE POSSESION IS OBTAINED UNDER (h)
    UNDER (h) IF SATISFIED OF THE THEN BEFORE RE-TRANSFERANCE TO TENANT
    REQUIREMENT OF REPAIRS AND ERECTION. IF TRANSFERRED TO SOME OTHER BY
    • (5) THE ASSIGNMENT OF THE DECREE OF LANDLORD OR BY LAW ---- THEN SUBJECT TO
    EVICTION UNDER (h) IS UNLAWFUL. RIGHTS OF TENANT.
    • (10) THE SUIT FOR EVICTION MAY BE FILED BY
    LANDLORD JOINTLY AGAINST ALL THE
    TEANANTS.

    7
    SUB SECTION (4) (5) (6) (7) (10)

    • (4) THE COURT MAY PASS A DECREE UNDER (i) • (6) NECESSARY FUNDS, PLANS AND
    FOR REPAIRS OR ERECTION. ESTIMATES AND PERMISSION OF THE
    • (5) THE ASSIGNEMNT OF DECREE UNDER (i) AUTHORITY.
    SHALL BE UNLAWFUL. • (7) THE TRANSFER SHALL BE SUBJECT TO
    RIGHTS OF TENANTS.
    • (10) THE LANLORD MAY FILE A JOINT SUIT.

    8
    SUB SECTION (5) (6) (7) (10)

    • (5) AN ASSIGNMENT OF A DECREE FOR • (7) IF THE PREMISES ARE RECOVERED UNDER (j)
    EVICTION OBTAINED IN CLAUSE (j) SHALL BE AND BEFORE GIVING BACK TO TENANT IS
    UNLAWFUL. TRANSFERRED BY LANDLORD OR BY LAW THEN
    THE TRANSFER WILL BE SUBJECT TO RIGHTS OF
    • (6) NO DECREE FOR EVICTION SHALL BE TENANT.
    SATISFIED-
    • (10) THE LANDLORD MAY INSTITUTE A JOINT
    - NECESSARY FUNDS SUIT FOR EVICTION.
    - PLANS AND ESTIMATES
    - NEW CONSTRUCTION WITH PERMISSION OF
    AUTHORITY
    - THE LANLORD GIVEN AN UNDERTAKING the
    plans and estimates include the premises for each
    tenant and the premises will be offered to each
    tenant + demolition work to begin and completed
    within 1month and 3 months respectively + the
    erection work to be completed within 15months.

    9
    S. 24 LANDLORD ENTITLED TO RECOVER POSSESSION ON EXPIRY OF
    LICENSE

    1. THE LANDLORD MAY RECOVER POSSESION OF PREMISES GIVEN ON LICENSE ON THE EXPIRY OF THE
    PERIOD OF LICENSE.
    2. IF THE LICENSEE FAILS TO DELIVER THE POSSESSION THE LANDLORD MAY APPLY TO COMPETENT
    AUTHORITY AND THE COMPETENT AUTHORITY AFTER BEING SATISFIED SHALL PASS AN ORDER OF
    EVICTION.
    3. THE COMPETENT AUTHORITY SHALL CHARGE THE LICENSEE WITH DOUBLE THE RATE OF LICENSE FEE OR
    CHARGE OF PREMISES UNDER AGREEMENT.

    10
    S.25 SUBTENANTS TO BECOME TENANTS

    WHEN THE INTEREST OF TENANT DETERMINED FOR ANY REASON ------- THE SUBTENANCY IF CREATED
    LAWFULLY ----- AND IS SUBSISTING -------- THE SUBTENANT SHALL BECOME THE TENANT -------- ON SAME T&C
    AS THAT OF THE TENANCY.

    S. 28 LANDLORD HAS THE RIGHT TO INSPECT THE PREMISES LET OR GIVEN ON LICENSE----- AFTER PRIOR
    NOTICE.

    S. 26 IN ABSENCE OF THE CONTRACT THE TENANT IS NOT ENTITLED TO SUBLET OR


    ASSIGN OR TRANSFER HIS INTEREST THEREIN.
    EXCEPTION -- SG

    11
    s.29 LANDLORD NOT TO CUT OFF OR WITHHOLD ESSENTIAL SUPPLY OR
    SERVICES.
    1. NO LANDLORD SHALL CUTOFF OR WITHHOLD ESSENTIAL SUPPLY OR SERVICES IN RESPECT OF THE PREMISES.

    2. IF THE LANLORD DOES THIS ACT OF WITHHOLDING THE TENANT MAY APPLY TO THE COURT FOR DIRECTION TO
    RESTORE THE SERVICES.

    3. THE COURT MAY ALSO PASS AN INTERIM ORDER PENDING THE INQUIRY IN THE APPLICATION.

    4. IF THE COURT UPON INQUIRY FINDS THAT THE LANDLORD HAS WITHHELD THE SERVICES AND DOES NOT
    RESTORE THEM UPON THE INTERIM ORDER, THEN THE COURT MAY IMPOSE A FINE OF 100/- UPON THE
    LANDLORD.

    5. ANY LANDLORD WHO CONTRAVENES THE PROVISIONS OF S.29 SHALL BE PUNISHABLE WITH 3MONTHS
    IMPRISONMENT OR FINE OF 1000/- OR BOTH.

    6. THE TENANT(S) MAY MAKE JOINT APPLICATION AGAINST LANDLORD.

    7. THE TENANT MAY APPLY TO THE AUTHORITY FOR PERMISSION TO PROVIDE HIMSELF WITH THE ESSENTIAL
    SUPPLY AND SERVICES------ BY GIVING “NOC” GIVEN BY LANDLORD. 12
    S.10 CHARGING EXCESS RENT 3MONTHS, 5000/- OR
    BOTH

    S. 17 FAILURE TO COMMENCE 3MONTHS, 1000/- OR


    THE WORK OF REPAIRS BOTH

    S. 18 FAILURE TO OCCUPY THE 3 MONTHS, 5000/- OR


    PREMISES BOTH

    S. 19 FAILURE TO CARRY OUT 30 DAYS, 5000/- OR BOTH


    UNDERTAKING OR COMPLY
    WITH COURT’S ORDER ON
    BONAFIDE REQUIREMENT
    FOR DEMOLITION OR
    ERECTION

    13
    S. 21 FAILURE TO INTIMATE TO 3MONTHS, 5000/- OR
    TENANT THE ERECTION IS BOTH
    COMPLETED

    S. 29 TO CUT OFF OR 100/-


    WITHHOLD SUPPLY 3MONTHS, 1000/- OR
    BOTH

    S.30 CONVERSION OF 6MONTHS, 10,000/- OR


    RESIDENTIAL INTO BOTH
    COMMERCIAL PREMISES
    BY LANDLORD

    S.31 FAILURE TO ISSUE THE 100/- PER DAY


    RENT RECEIPT
    14

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