Hi
I need help in understanding the rights of landlord on eviction of tenant especially in reference to the following context.
""If the tenant is not paying market value as rent, refuses to enter in to a rental agreement and also does n't vacate in spite of various notices, what are the options left to land lord under transfer of property Act and Rent Control Act? And how do these two acts supplement or complement and correlate with each other? Which law takes control in case of conflict areas in both the laws?""
Thanks
Chaitanya
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The Rent Control Act does not apply to the premises i.e. premises let or sublet to banks, Public Sector Undertakings or Corporations established under Central or State Acts, Foreign Commissions, Multinational Companies, Private Limited Companies or Public Limited Companies with a paid up share capital of one crore or more. However the provisions of Transfer of Property Act shall be applicable in respect of such premises which are not governed by the Rent Act. The State Government has been empowered to direct that all or any of the provisions of this Act, subject to such conditions and terms shall not apply to (i) the premises used for public purpose of a Charitable nature or to any class of premises used for such purposes (ii) the premises held by a public trust for a religious or charitable purposes and let at a nominal or concessional rent and/or administered by a local authority and (iii) the premises belonging to or vested in an university established by any law for the time being in force. It is clarified that the State Government before issuing any such direction shall ensure that the tenancy rights of the existing tenants are not adversely affected. Premises means any building or part of a building let or given on licence but do not include open ""Land"". Thus this Act is not applicable to letting or sub-letting of land any longer. The transaction of letting of land would be governed by the Transfer of Property Act. In Maharashtra Act, 90 daysΓÇÖ written notice of demand of arrears of rent should be served upon the tenant in the manner provided u/s.106 of Transfer of Property Act.The Landlord cannot file ejectment suit unless three months are completed after the service of the notice.[/font]
