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Increase in Rent

In India, rent of properties is regulated by the Rent Control Act of the State where the property is located. The main purpose of Rent Control is to regulate the rent being charged in a particular area. For instance, the Delhi Rent Control Act, 1958 regulates the rent in Delhi and NCR. Similarly, the Rajasthan Rent Control, 2001 will control the provisions of rent in the State of Rajasthan. Any increase in rent is governed by the provisions of these Acts. Usually, these Acts do not apply to any premises belonging to the Government. The specific provisions related to increase in rent will vary with the State. But, the basic provisions remain more or less the same. The provisions mentioned below are as per the Delhi Rent Control Act.

Meaning of Premises

  • Any building or its part
  • which is given or may be separately given for rent
  • for residential, commercial, or any other purpose
  • including any ground, garden or outhouse attached to such building, and/or
  • any furniture given by landlord for use in the building or its part.

Legal Provisions for Increase in Rent

If You are a Landlord

As a landlord, you can perform the following acts.
  • Charge the standard rent as per the Act.
  • Apply to the controller for fixing standard rent.
  • Recover arrears of rent, if any.
  • Charge proportionate cost of repairs or utilities such as electricity or water from the tenant.

If You are a Tenant

As a tenant you are entitled to the following:
  • A notice of increase in rent.
  • A time period of at least 30 days before the increased rent is due.
  • To pay only legally due amount and not any amount in excess.
  • Signature of the landlord or someone else on his behalf on the notice.
  • Refund of any excess rent (if any) paid by you.
  • Applying with the rent controller if the rent is excessive.

How PocketLawyer Can Help?

Are you a tenant who has faced unfair increase in rent or a landlord who wants to increase the rent legally? We, at PocketLawyer can help. We will connect you with expert professionals. These professionals are experts in rent control laws. You can post your requirement and they will assist you with the entire legal process at affordable prices.

Need any further help? Contact us now.

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