Tenant to enjoy immunity from being evicted for 5 years: SC

Tenant to enjoy immunity from being evicted for 5 years: SC

The Supreme Court on Friday said the landlord cannot evict tenant for at least five years if he is paid rent regularly as per the agreement between the parties.

If present and prevalent market rent assessed and fixed between the parties is paid by the tenant, then the landlord shall not be entitled to take any action for his eviction against such a tenant for at least for a period of 5 years, a bench of justices Dalveer Bhandari and Deepak Verma said.

"Thus for a period of 5 years, the tenant shall enjoy immunity from being evicted from the premises," the bench said while framing guidelines on payment and increase of rent.

The bench expressed concern over the rising number of landlord-tenant litigation in the country and laid down the seven-point guidelines in a bid to reduce such disputes.

"We deem it our duty and obligation to fix some guidelines and norms for such type of litigation so as to minimise landlord-tenant litigation at all levels," the bench said.

"According to our considered view, a majority of these cases are filed because landlords do not get reasonable rent akin to market rent and then on one ground or the other litigation is initiated," the court said.

"The tenant must enhance the rent according to the terms of the agreement or at least by ten percent, after every three years and enhanced rent should then be made payable to the landlord," the court said.

It said if the rent is too low, having been fixed almost 20 to 25 years back, then the present market rate should be worked out either on the basis of valuation report or reliable estimates of building rentals in surrounding areas let out on rent recently.

The bench fixed the responsibility of "usual maintenance" of the premises on the tenants while putting the onus of major repairs on the landlords.

"If any major repairs are required to be carried out, then in that case only after obtaining permission from the landlord in writing, the same shall be carried out and modalities with regard to adjustment of the amount spent thereon would have to be worked out between the parties," the court said.

The bench passed the order on a petition filed by a tenant challenging the Allahabad High Court order for increasing the rent of the premises.