Refusal to registration of rent agreement by tenant u mhrc 1999
Struggling Landlord
(Querist) 20 February 2012
This query is : Resolved
Under Maharashtra Rent Control Act 1999 Sec 55, It is mandatory/compulsory to register any rent agreement between landlord and tenant. I am a landlord having old commercial tenants/shops with only verbal agreement with old rate of rent. Rent are at the rate of 1.. 4 rs per sq ft per month. The vicinity rent are 40-50 rs per sq ft per month. As per Sec 55 lanlord is convicted if the agreement is not registered. So I have given letter of request to all tenants for registering the agreement. No one has replypied. As per my knowledge no one has any copy of agreement in written format. Now what shall I do if no one comply to my letter. Since the new MhRC Act is in force so i have to comply by getting registration. It is also very obvious that while writting nee agreement I will not accept the old rents. So my query is what to do in such situation. thanks in advance.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 20 February 2012
Please read the act and provisions fully and completely.
After the cut off date provided in the act you can not even demand higher rent, it is criminal offense.
U/s 55 burden is on you to get the rent act registered otherwise there will be twin problems i) you version of tenancy will not be accepted and ii) you are liable for fine and conviction.
Struggling Landlord
(Querist) 20 February 2012
Thanks JSDN, I have read the act. I can't demand tenant rent more than standard rent. its true, But I didnt find any cut off date for demanding higher rent. Standard rent formulae is also no very usefull to me (it states 4% annual on base rate from 1999) So again it comes to very meagre increase in rent. If I go to court against tenant (for not complying for registration) and as per Property Act Sec 111 g Can I terminate the tenancy. ? or what other remedy for landlord to get the agreement registered. I have also given notices to 2 tenants under bonafied need, of 50% of portion, more over tenants have there own accomodation (commercial) which they have rented to BANK, I have yet to file bonafied need case, its in process (since i am collecting the evidence), Pl help me for getting the document registered ..? on our mutually agreed terms..
DEFENSE ADVOCATE.-firmaction@g
(Expert) 20 February 2012
I am for the tenant rights and hence all your action will be legally opposed.
Regarding provisions for increase in rent please read the whole act from premble than you will know .
