The Andhra Pradesh Residential and Non-Residential Premises Tenancy Act, 2017

Short title, extent and commencement:

1. (1) This Act may be called the Andhra Pradesh Residential and Non-Residential Premises Tenancy Act, 2017.
2. (2) It extends to all the urban areas of the State of Andhra Pradesh.
3. (3) It shall come into force on such date as the State Government may, by notification in the Andhra Pradesh Gazette, appoint.

Definitions: In this Act, unless the context otherwise requires,—

1. (a) “agreement” means the rent agreement in writing between the landlord and the tenant;
2. (b) “landlord” means a person who, for the time being is receiving, or is entitled to receive, the rent of any premises, whether on his own account or on account of or on behalf of, or for the benefit of, any other person or as a trustee, guardian or receiver for any other person or who would so receive the rent or be entitled to receive the rent, if the premises were let to a tenant;
3. (c) “premises” means any building or part of a building which is, or is intended to be, let separately for use as a residence or for non-residential use or for any other purpose and includes—
   • (i) the garden, grounds and out-houses, if any, appertaining to such building or part of the building;
   • (ii) any furniture supplied by the landlord for use in such building or part of a building;
   • (iii) any fittings affixed to such building or part of a building for the more beneficial enjoyment thereof;
4. (d) “property manager” means any person or company who has been authorised by the landlord to manage the premises on his behalf and who is responsible for administration of the premises and maintenance of the premises;
5. (e) “Rent Authority” means an officer appointed by the District Collector under section 28;
6. (f) “Rent Court” means the Rent Court constituted under section 32;
7. (g) “rent payable” in relation to any premises means the rent as defined in the rent agreement;
8. (h) “Rent Tribunal” means the Rent Tribunal constituted under section 35;
   • (i) “tenant” means a person by whom or on whose behalf or account the rent of any premises is payable for a period or is generally under a tenancy agreement and includes,—
   • (i) a person who continues in possession after the termination of the tenancy;
   • (ii) the heirs and successors of the deceased tenant in case the tenant dies during the period of the tenancy;
9. (j) “urban area” means any area which falls within the jurisdiction of a Municipal Corporation, Municipal Council, Nagar Panchayat or any other area as may be notified by the State Government.

Tenancy agreement

1. (1) Notwithstanding anything contained in this Act or any other law for the time being in force, no person shall, after the commencement of this Act, let or sub-let any premises except by an agreement in writing.
2. (2) Where any premises has been let out before the commencement of this Act and no agreement in writing was made, the landlord and the tenant shall, within a period of one month from the date of commencement of this Act, enter into an agreement in writing with regard to such tenancy: Provided that where the landlord and the tenant fail to enter into an agreement in writing as required under this sub-section, the landlord and the tenant shall separately file the particulars about the existing tenancy with the Rent Authority, in such form and manner, as may be prescribed, within a period of two months from the date of commencement of this Act.

Period of tenancy

1. (1) Notwithstanding anything contained in this Act or any other law for the time being in force, the period of tenancy shall be such as may be agreed upon between the landlord and the tenant and as specified in the tenancy agreement.
2. (2) The tenant may with the consent of the landlord extend the period of tenancy or renew the same for a further period as may be agreed upon between the landlord and the tenant.
3. (3) Where the tenancy period reaches the expiry date and has not been renewed or the premises have not been vacated by the tenant, the tenancy shall be deemed to be renewed on a month-to-month basis on the same terms and conditions as were in the expired tenancy agreement, for a maximum period of six months.

Hereditary succession

1. (1) In the event of death of the tenant, the right of tenancy shall devolve for a period of one year from the date of the death of the tenant to his successors in the following order:
   • (a) spouse;
   • (b) son or daughter or where there are both son and daughter, both of them;
   • (c) parents;
   • (d) daughter-in-law, being the widow of his pre-deceased son: Provided that the successor has been ordinarily residing in the premises with the deceased tenant as a member of his family up to the date of his death and was dependent on the deceased tenant.
2. (2) If a person, other than the tenant mentioned in sub-section (1), is in occupation of the tenancy premises, then the tenancy shall not devolve on them.

Rent payable

1. (1) The rent payable in relation to a premises shall be, the rent as agreed to between the landlord and the tenant as per the tenancy agreement.
2. (2) The rent payable in relation to any premises which has been let out or sub-let before the commencement of this Act, the rent shall be the rent as agreed to between the landlord and tenant, subject to such rent as settled under the provisions of the Rent Act repealed by this Act.

Revision of rent

1. (1) Revision of rent between the landlord and the tenant shall be in accordance with the terms and conditions set forth in the tenancy agreement.
2. (2) The landlord shall give a notice in writing to the tenant three months before the proposed revision of rent is due.

Notice of revision of rent

1. (1) Where a tenancy agreement provides for the revision of rent, the landlord shall give a notice in writing to the tenant, at least three months before the end of the duration of the current rent, of his intention to revise the rent.
2. (2) Where a landlord exercises his right to increase the rent in accordance with the provisions of the tenancy agreement, and the tenant fails to give a notice of termination of tenancy, the tenant shall be deemed to have accepted the revised rent.

Rent Authority to fix or revise rent.-

1. (1) The Rent Authority, on an application by the tenant or landlord shall fix or revise, as the case may be, the rent payable for any premises:
   • (a) in case the premises is let out or sub-let, it shall be in accordance with the rent agreement;
   • (b) in case of any dispute between the landlord and the tenant regarding the rent to be paid, the Rent Authority shall fix the rent as per the prevailing market rate of similar premises in the locality.
2. (2) While fixing the rent for any premises, the Rent Authority shall take into account the prevalent market rent of similar premises in the locality.

Security deposit.-

1. (1) The security deposit to be paid by the tenant to the landlord shall not exceed two months' rent in case of residential premises and six months' rent in case of non-residential premises.
2. (2) The security deposit shall be refunded to the tenant at the time of handing over of vacant possession of the premises by the tenant after making due deduction of any liability of the tenant.

Receipt to be given for rent paid -

1. (1) Every tenant shall be entitled to receive a duly signed receipt from the landlord or his property manager for the rent paid to the landlord or his property manager, as the case may be, and in case of payment by cheque or digital mode, the bank acknowledgement or counterfoil shall be deemed to be a valid receipt.
2. (2) Where a landlord or his property manager fails to provide a valid receipt for the rent paid, the Rent Authority may, upon an application made by the tenant, impose a penalty, which shall not exceed double the amount of rent paid.

Deposit of rent with the Rent Authority -

1. (1) Where a landlord refuses to accept the rent and charges or refuses to sign a receipt or fails to provide a receipt for the rent and charges paid by the tenant, the tenant shall first send the rent and charges to the landlord by postal money order or any other method as may be prescribed, and if the landlord continues to refuse to accept the rent and charges or refuses to sign a receipt or fails to provide a receipt, the tenant may deposit the rent and charges with the Rent Authority in the prescribed manner.
2. (2) The Rent Authority shall, after receipt of the rent and charges from the tenant, enquire into the matter and if it is satisfied, then the rent and charges shall be deemed to have been paid to the landlord.
3. (3) The Rent Authority shall within fifteen days from the date of deposit of the rent and charges, send a notice to the landlord for receiving the amount deposited by the tenant.
4. (4) The landlord may receive the rent and charges deposited with the Rent Authority in such manner as may be prescribed.
5. (5) The tenant shall not be liable to pay any interest or penalty, provided that the tenant has paid the rent and charges in the manner provided in this section.

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.

Giving up of vacant possession by the tenant.—

1. (1) On the expiration of the period of the tenancy, the termination of the tenancy by notice or otherwise, the tenant shall be liable to hand over vacant possession of the premises to the landlord in the same condition as it was at the time of commencement of the tenancy, allowing for reasonable wear and tear: Provided that where the tenant fails to hand over the possession of the premises, the landlord shall be entitled to recover from the tenant, the rent of the premises at double the rate for the period of his continued occupation until he gives vacant possession of the premises to the landlord.
2. (2) Where the tenant fails to vacate the premises on the expiry of the period of tenancy or termination of the tenancy, the landlord shall be entitled to approach the Rent Court for an order of eviction against the tenant.

Compensation in case of non-vacancy

1. (1) If a tenant fails to vacate the premises let out to him on the termination of the tenancy by order of the Rent Court or otherwise, the tenant shall be liable to pay to the landlord:
   • (a) for the first two months, double the monthly rent;
   • (b) for the period after two months, four times the monthly rent; till he continues to occupy such premises.
2. (2) The Rent Court may, on an application made by the landlord, pass an order for eviction and recovery of rent and compensation as specified in sub-section (1), and in such cases, the Rent Court may also order the disconnection of essential services if the tenant fails to vacate the premises within the time specified by the Rent Court.

Refund of security deposit on termination of tenancy

1. (1) The security deposit paid by the tenant to the landlord shall be refunded to the tenant within one month of the handing over of vacant possession of the premises to the landlord after adjusting any dues payable by the tenant to the landlord under the tenancy agreement.
2. (2) In the event of a failure on the part of the landlord to refund the security deposit within the period as specified in sub-section (1), the landlord shall be liable to pay simple interest to the tenant at such rate as may be prescribed for the period during which the security deposit remains unpaid.

Subjecting the premises to subletting:

1. (1) After the commencement of this Act, no tenant shall without the prior consent in writing of the landlord,—
   • (a) sublet the whole or any part of the premises held by him as a tenant;
   • (b) transfer or assign his rights in the tenancy or any part thereof.
2. (2) The landlord shall not charge an amount exceeding one month’s rent as premium for giving consent to sublet the whole or part of the premises.

Right of landlord to enter the premises:

1. (1) A landlord or his property manager may enter the premises after serving a notice in writing, in the prescribed manner, to the tenant at least twenty-four hours before the time of entry,—
   • (a) for carrying out repairs or replacement or doing any work in the premises;
   • (b) for the purpose of inspection of the premises;
   • (c) for any other reasonable purpose: Provided that, the tenant shall not unreasonably withhold the consent to the landlord to enter the premises.
2. (2) The landlord or property manager shall not enter the premises before seven o'clock in the forenoon and after eight o'clock in the afternoon.

Replacement and white washing:

1. (1) The landlord shall be responsible for keeping the premises in good tenantable repair and shall be responsible for such interior and exterior maintenance and repair as may be agreed upon in the tenancy agreement.
2. (2) If the landlord fails to carry out the repairs mentioned in sub-section (1), the tenant shall be entitled to carry out the necessary repairs and deduct the cost of such repairs from the rent payable to the landlord. Provided that the total amount of such deduction shall not exceed twenty-five per cent of the monthly rent payable by the tenant: Provided further that the tenant shall not make any repair for which the cost of repair is more than the amount of rent payable for one month without the prior approval of the Rent Authority.
3. (3) The landlord shall be responsible for the annual white washing of walls and painting of doors and windows and in case the landlord fails to undertake the painting or white washing, the tenant shall be entitled to get the same done and deduct the cost thereof from the rent payable.

Cutting off or withholding essential supply or service:

1. (1) No landlord or tenant either by himself or through any person acting on his behalf shall cut off or withhold any essential supply or service in the premises occupied by the tenant or the landlord.
2. (2) If a landlord or tenant contravenes the provisions of sub-section (1), the tenant or the landlord, as the case may be, may make an application to the Rent Authority complaining of such contravention.
3. (3) If the Rent Authority is satisfied that the essential supply or service was cut off or withheld without just and sufficient cause, it shall pass an order directing the landlord or tenant to restore the forthwith essential supply or service.
4. (4) The Rent Authority may levy a charge on the defaulting landlord or the tenant which may extend to two months' rent to be paid to the tenant or the landlord, as the case may be, as compensation for the inconvenience caused by cutting off or withholding the essential supply or service.

Rent Court and Rent Tribunal:

1. (1) The District Collector shall, with the prior approval of the Government, notify in the official gazette, one or more officers not below the rank of Deputy Collector to be the Rent Court for the purposes of this Act, within his jurisdiction.
2. (2) The District Collector shall, with the prior approval of the Government, notify in the official gazette, the District Judge or Additional District Judge to be the Rent Tribunal for the purposes of this Act, within his jurisdiction.

Procedure of Rent Court and Rent Tribunal:

1. (1) Every application or appeal made to the Rent Court or Rent Tribunal shall be dealt with as expeditiously as possible and shall be disposed of, within a period of sixty days from the date of service of notice of application or appeal: Provided that where any such application or appeal could not be disposed of within the said period of sixty days, the Rent Court or Rent Tribunal shall record its reasons in writing for not disposing of the application or appeal within that period.
2. (2) The Rent Court and the Rent Tribunal shall not be bound by the procedure laid down by the Code of Civil Procedure, 1908, but shall be guided by the principles of natural justice and subject to the other provisions of this Act and of any rules made thereunder, and shall have powers to regulate their own procedure.
3. (3) The Rent Court and the Rent Tribunal shall have the same powers as are vested in a Civil Court under the Code of Civil Procedure, 1908 in respect of the following matters:
   • (a) summoning and enforcing the attendance of any person and examining him on oath;
   • (b) requiring the discovery and production of documents;
   • (c) issuing commissions for the examination of witnesses or documents;
   • (d) issuing commission for local inspection;
   • (e) dismissing an application for default or deciding it ex-parte;
   • (f) setting aside any order of dismissal of any application for default or any order passed by it ex-parte;
   • (g) bringing legal representatives on record; and
   • (h) any other matter which may be prescribed.
4. (4) Any proceedings before the Rent Court or Rent Tribunal shall be deemed to be a judicial proceeding within the meaning of sections 193 and 228, and for the purpose of section 196, of the Indian Penal Code, 1860, and the Rent Court and the Rent Tribunal shall be deemed to be a Civil Court for the purposes of section 195 and Chapter XXVI of the Code of Criminal Procedure, 1973.
5. (5) The Rent Court and Rent Tribunal may pass such interlocutory orders as may be required to meet the ends of justice during the pendency of any dispute or other proceeding before it.
6. (6) The Rent Court and Rent Tribunal may direct payment of costs in respect of any proceedings before it.
7. (7) Any person may appear before the Rent Court or Rent Tribunal through an advocate or any other person as may be prescribed.

Jurisdiction of Rent Court

1. (1) Notwithstanding anything contained in any other law for the time being in force, in the areas to which this Act extends, only the Rent Court shall have jurisdiction to entertain and decide petitions or applications, filed under this Act.
2. (2) No Civil Court shall have jurisdiction to entertain any suit or proceedings in so far as it relates to the provisions of this Act.

Execution of the order

1. (1) The Rent Court shall execute an order passed by it or by the Rent Tribunal as a decree of a Civil Court and for this purpose, the Rent Court shall have all the powers of a Civil Court.
2. (2) The Rent Court may transmit any order made by it to a Civil Court having local jurisdiction and such Civil Court shall execute the order as if it were a decree passed by it.

Appeal

1. (1) Any person aggrieved by an order passed by the Rent Court, may prefer an appeal to the Rent Tribunal, and the Rent Tribunal may, after providing an opportunity of being heard, confirm, modify or rescind the order or after giving an opportunity of being heard, send the matter back to the Rent Court for a fresh order.
2. (2) The appeal under sub-section
3. (1) shall be preferred within thirty days from the date of the order passed by the Rent Court under this Act.

Time limit for disposal of application or appeal

1. (1) An application or an appeal filed before the Rent Court or the Rent Tribunal, as the case may be, shall be dealt with as expeditiously as possible and the Rent Court or the Rent Tribunal shall endeavour to dispose of the case finally within a period of sixty days from the date of receipt of the application or appeal. (2) Provided that the Rent Court or the Rent Tribunal shall record the reasons for not disposing of the application or appeal within the aforesaid period of sixty days.

Jurisdiction of civil courts barred

1. (1) No civil court shall have jurisdiction to entertain any suit or proceeding in so far as it relates to the provisions of this Act.
2. (2) Notwithstanding anything contained in any other law for the time being in force, no civil court shall have jurisdiction to settle, decide or deal with any question which is by or under this Act required to be settled, decided or dealt with by the Rent Authority or the Rent Tribunal.

Court fee

1. (1) The provisions of the Andhra Pradesh Court-Fees and Suits Valuation Act, 1956 shall apply in respect of applications or appeals to be presented to the Rent Authority, the Rent Tribunal or the Rent Tribunal.
2. (2) The applications for recovery of possession made to the Rent Tribunal shall be treated as suits between the landlord and tenant for the purposes of calculation of court fees.

Members etc. to be public servants The Chairperson, members and other officers and employees of the Rent Authority, Rent Court and the Rent Tribunal shall be deemed to be public servants within the meaning of section 21 of the Indian Penal Code, 1860.

Protection of action taken in good faith No suit, prosecution or other legal proceeding shall lie against the Rent Authority, Rent Court or the Rent Tribunal in respect of anything which is in good faith done or intended to be done in pursuance of this Act or any rule or order made thereunder.

Power to remove difficulties

1. (1) If any difficulty arises in giving effect to the provisions of this Act, the Government may, by order, published in the Andhra Pradesh Gazette, make such provisions, not inconsistent with the provisions of this Act, as may appear to be necessary for removing the difficulty: Provided that no such order shall be made under this section after the expiry of two years from the commencement of this Act.
2. (2) Every order made under this section shall be laid, as soon as may be after it is made, before the State Legislature.

Power to make rules

1. (1) The Government may, by notification, make rules to carry out the provisions of this Act.
2. (2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:
   • (a) the manner of execution of agreement between the landlord and the tenant under sub-section
3. (2) of section 4;
   • (b) the form and manner of filing the particulars of tenancy agreement under sub-section
4. (1) of section 5;
   • (c) the procedure for submission of information about the tenancy agreement by the property manager under section 6;
   • (d) the manner of withholding of rent under section 13;
   • (e) the manner of entry into the premises by the landlord under section 18;
   • (f) the form and manner of application to be made under sub-section
5. (1) of section 20;
   • (g) the procedure for disposal of cases by the Rent Court under section 22;
   • (h) the form and manner of appeal under sub-section
6. (1) of section 34;
   • (i) any other matter which is required to be, or may be, prescribed by rules under this Act.
7. (3) Every rule made under this Act shall be laid, as soon as may be after it is made, before the State Legislature while it is in session.

-1 39. Repeal and savings.—(1) The Andhra Pradesh Buildings (Lease, Rent and Eviction) Control Act, 1960 is hereby repealed.

1. (2) Notwithstanding such repeal under sub-section (1),—
   • (a) anything done or any action taken or purported to have been done or taken including any rule, notification, inspection, order or notice made or issued or any appointment, confirmation or declaration made or any licence, permission, authorization or exemption granted or any document or instrument executed or any fund constituted or any fee or rent levied under the repealed Act shall, in so far as it is not inconsistent with the provisions of this Act, be deemed to have been done or taken under the corresponding provisions of this Act;
   • (b) the repeal shall not affect the previous operation of the repealed Act or anything duly done or suffered thereunder or affect any right, privilege, obligation or liability acquired, accrued or incurred under the said Act;
   • (c) any penalty or punishment incurred under the provisions of the repealed Act shall be incurred as if this Act had not been passed;
   • (d) any investigation or legal proceeding pending before the Rent Controller or any Appellate Authority or any Court or any other authority under the repealed Act on the commencement of this Act shall continue to be instituted, continued or disposed of as if this Act had not been passed.