Chapter V TENANCY, REPAIRS AND MAINTENANCE

Time limit for filing application and procedure.-(1) Every application for recovery of possession of premises under sections 10, 11 and 12 shall be filed before the Rent Court.

1. (2) An application for recovery of possession of premises under section 10 and section 11 may be made by the landlord or property manager to the Rent Court.
2. (3) The Rent Court shall issue notice to the opposite party, accompanied by copies of application and documents, fixing a date, which shall be one month from the date of issue of notice, for appearance of the opposite party and filing his reply.
3. (4) The Rent Court shall hear the parties and if it finds that the landlord is entitled to possession of the premises, it shall make an order to that effect and fix a date for handing over possession of the premises to the landlord by the tenant or any other person in occupation:

Payment of rent during eviction proceedings Payment of rent during eviction proceedings.-(1) During the pendency of the eviction proceedings, the tenant shall continue to pay the rent at the rate previously paid or as agreed upon between the landlord and the tenant.

1. (2) The tenant shall not be entitled to contest the proceedings for eviction filed by the landlord unless he pays the amount of rent and other charges as required under this Act to the landlord or deposits the same in the Rent Court:

Role and responsibilities of property manager Role and responsibilities of property manager.

1. (1) A property manager may be appointed by the landlord or the tenant to act as their agent for the management of the premises.
2. (2) The property manager shall be responsible to the landlord or the tenant, as the case may be, for the following, namely:—
   • (a) collection of rent against receipt;
   • (b) operations and maintenance of the premises;
   • (c) periodic inspection of the premises; and
   • (d) such other services as may be specified in the agreement.
3. (3) The property manager shall not represent himself as the landlord and shall not act in any manner to the detriment of the landlord or the tenant.

Duties of landlord and tenant.

1. (1) Notwithstanding any law, contract or custom to the contrary, the landlord and the tenant shall be bound by the conditions as specified in this Act.
2. (2) The landlord shall be responsible for the following, namely:—
   • (a) structural maintenance of the premises, except for damage caused by the tenant;
   • (b) whitewashing of walls and painting of doors and windows; and
   • (c) changing and plumbing pipes when necessary.
3. (3) The tenant shall be responsible for the following, namely:—
   • (a) day to day minor repairs;
   • (b) cleaning of drains;
   • (c) switches and socket repairs;
   • (d) kitchen fixtures repairs; and
   • (e) replacement of glass panes of windows and doors and maintenance of gardens and open spaces let out to him.

Eviction of tenant

1. (1) Notwithstanding anything contained in this Act or any other law for the time being in force, no order for the eviction of a tenant shall be passed by the Rent Court unless it is satisfied that,—
   • (a) the tenant has not paid the rent in full or in part for more than two months, and has failed to pay the same one month after the receipt of a notice of demand for payment of rent served by the landlord in the manner as may be prescribed;
   • (b) the tenant has, after the commencement of this Act, parted with the possession of the whole or any part of the premises without obtaining the written consent of the landlord;
   • (c) the tenant has continued abuse of the premises even after receipt of a notice from the landlord to desist from such abuse;
   • (d) the premises or any part thereof is required by the landlord for carrying out any repairs, alteration or addition which cannot be carried out without the premises being vacated, but such eviction shall be subject to the condition that after such repair, alteration or addition, the tenant shall have the right to re-enter the premises;
   • (e) the tenant has used the premises for a purpose other than that for which they were let;
   • (f) the premises or any part thereof is required by the landlord for his own occupation or for any member of his family or for any person for whose benefit the premises are held and the landlord or such person is not in possession of any other suitable residential premises in the urban area concerned;
   • (g) the tenant has carried out any structural change or erected any permanent structure in the premises without the written consent of the landlord.

Eviction due to non-payment of rent

1. (1) No order for eviction of a tenant shall be made by the Rent Court on the ground specified in clause
   • (a) of sub-section
2. (1) of section 17, if the tenant makes payment of rent as required therein: Provided that the tenant shall not be entitled to the benefit of this section if, having enjoyed the benefit of this section once in the past, he again makes a default in the payment of rent for more than two months.

Refund of advance rent by landlord.—

1. (1) Where a landlord does not refund the amount of advance rent or security deposit to the tenant within the period as specified in the tenancy agreement, or where no such period is specified, within one month of the date of handing over of vacant possession of the premises to the landlord, after making specified deductions, the landlord shall be liable to pay simple interest to the tenant at such rate as may be prescribed for the period during which such refund is delayed.
2. (2) The tenant shall have the right to claim the refund of the amount of security deposit and advance rent or any other amount paid in excess, if any, along with the interest due thereon, from the landlord by making an application to the Rent Authority in such form and manner as may be prescribed.