Can i demand deposite or higher rent from a tenant? pl give ur valuable opinion on sec56
Struggling Landlord
(Querist) 03 April 2012
This query is : Resolved
In my region Maharashtra Rent Control Act 1999 is in force. and tenant has only oral contract and paying rent every month, I m issuing receipt evry month. As per ("Sec 56. Right of Tenant and Landlord to receive lawful charges.
Notwithstanding anything contained in this Act, it shall be lawful for,
(ii) the landlord or any person acting or purporting to act on behalf of the landlord to receive any fine, premium or other like sum or deposit or any consideration in respect of the grant, or renewal of a lease of any premises, or for giving his consent to the transfer of a lease to any other person.") Since the tenancy is monthly, So can I demand any deposite / enchanced rent as per above Sec 56 of MhRC Act...
Raj Kumar Makkad
(Expert) 04 April 2012
This particular section do not permit to enhance the rate of rent but it can definitely be enhanced mutually or you may file a rent petition demanding the fair rent determination.
Deepak Nair
(Expert) 04 April 2012
Agree with Mr.Rajkumar.
Sankaranarayanan
(Expert) 04 April 2012
mr makkad given good opinion i do agreed with his suggestion
DEFENSE ADVOCATE.-firmaction@g
(Expert) 04 April 2012
Under Mah rent control act burden of lease agreement to be registered is put on the landlord otherwise fine of FIVE THOUSAND AND THREE MONTHS JAIL., to the landlord.
Similarly on cut off date when this act came in force is the statutary rent and you can increase max five percent on it otherwise it is criminal offense.
