Differences In Eviction Conditions For Landlords In Mumbai And Bangalore

But the one common thing with all the housing laws across the nation is that of the Rent Control Act, which helps in upholding the integrity of the tenant-landlord agreement by defining the conditions of eviction and standards for setting of rental price.

The Maharashtra Rent Control Act 1999

This law was passed with the help of both the Legislative Assembly and Legislative Council with the aim of unifying the three Rental Laws in operation across the State of Maharashtra, which brought about many significant changes in the Bombay Rent Control Act.

The Karnataka Rent Control Act 2001

This modified version of the Karnataka Rent Control Act 1999 takes into act the Model Rent Control Legislation of 1992. It was passed across all the states defining the terms of inheritance of tenancy and eviction cases, along with the rent levels. Karnataka is the only state to have a reservation for inheritance of tenancy in its RCA.

Differences

Calculation Of Rent

• In Mumbai, it is the landlord’s will as to when he wants to increase the rent at a rate of 4% per annum from the date of commencement of the law. In case of improvements and alterations, he can increase the rent by 15% per annum with the written consent of the existing tenants in hand.
• In Bangalore, however the standard rent of any premises or property will be calculated on a basis such that 10% of the aggregate of the actual cost of construction of the premises is the rent and the price of the land on the date of commencement of the construction included.

Landlord’s Rights And Duties

• In Mumbai, the landlord must ensure all the formalities and legal documentation regarding the rental agreement is done and in place. And the landlord must also ensure the upkeep and maintenance of the rented premises.
• In Bangalore, the landlord can add new structure to the existing structure that has been rented out.

Conditions Of Eviction

• In Mumbai, a landlord can evict a tenant from his premise, if there has been a construction of a permanent structure without his consent. And in others cases a tenant can be evicted if the reasons stated by the Landlord are recognised by the Court.
• In Bangalore, a tenant can be evicted if he/she has failed to pay the rent specified in due course of time specified multiple times in a row. Or incase there have been damages to the property of significant concern, misuse of the property other than the reason specified to the owner, or if there are repairs to be done in the premises which cannot be done while it is still occupied.

Protection Against Eviction

• A tenant can continue his tenancy if he/she is willing to agree to the conditions set forth by the Landlord, which are accepted as reasonable limits in Mumbai.
• While in Bangalore, a landlord cannot withhold any kind of supply or service provided to the tenant without justified cause or reason.

Inheritance Of Tenancy

• In Mumbai, upon the death of the tenant, the tenancy is passed on to the family members who occupied the premises with the tenant.
• In Bangalore, however, the tenancy is passed on to the family of the deceased tenant, only for a period of 10 years.