Few tips which you need to know as a Tenant or as a Landlord or to take special care as a prospective Landlord/Tenant:
First I would like to brief you about the history and purpose of the Karnataka Rent Control Act in few sentences which I narrate from the books I referred:
The Historical background of the Act is that during the Second World War there was acute problem to find accommodation for the officials transferred from one place to another and owners of the buildings exploited the situation to their advantage. In order to curb such tendencies legislation was brought in throughout the country. The Subject comes under the State List of the Constitution of India. The then Mysore State enacted the Mysore House Rent and Accommodation Control Act 1951 which was replaced by the Karnataka Rent Control Act 1961. It was brought into force for a period of ten years as temporary measure but has been extended from time to time till 31/12/2001.The Karnataka Rent Act 1961 is replaced by the Karnataka Rent Act 1999. It has been passed by the Karnataka State Legislature and published in Karnataka Gazette and it received the assent of the President of India on 22/11/2001. It has come into force from 31/12/2001. The Karnataka Rent Rules 2001 are framed under Section 66(1) of the Act which came into force from the date of their publication in the official Gazette. Thus the Act and the Rules came into force from 31/12/2001 in the State of Karnataka by repealing the 1961 Act.
In order to do justice to both the parties namely Landlords and Tenants. Section 27 Sub-section (1)disables the Court from passing an order of eviction against a tenant. But sub-section (2)makes an exception to sub-section (1) in as much as it provides the grounds upon which a landlord can seek eviction of his tenant.
Section 27. Protection of tenants against eviction.- (1) Notwithstanding anything to the contrary contained in any other law or contract, no order or decree for the recovery of possession of any premises shall be made by the Court, District Judge or High Court in favor of the landlord against a tenant but as provided in sub-section(2).
The Court may, on an application made to it in the prescribed manner, make an order for the recovery of possession of the premises on one or more of the following grounds only, That the tenant has neither paid nor tendered the whole of the arrears of the rent and other charges legally recoverable from him within two months from the date on which a notic e of demand for payment has been served on him by the landlord in the manner provided in
Section 106 of the Transfer of Property Act, 1882: – Pay rent regularly
Provided that a tenant shall not be entitled to the benefit of service of notice by the landlord under this clause where, having obtained such benefit once in respect of any premises, he again makes a default in the payment of rent and other charges payable in respect of those premises:
Provided further that where in a proceeding for eviction of a tenant on the ground specified in this clause, the tenant is to be evicted, the Court shall make an order directing the tenant to vacate the premises unless he pays to the landlord or deposits into Court within one month of the date of order, an amount calculated at the rate at which it was last paid,for the period for which the arrears of rent and other charges were legally recoverable from him, including the period subsequent thereto up to the end of the month previous to that in which payment or deposit is made;
That the tenant has:after the commencement of this Act without the consent in writing of the landlord, sub-let,assigned or otherwise parted with the possession of the whole or any part of the premises;that the tenant has used the premises for a purpose other than that for which they were let, without obtaining the consent in writing of the landlord:- No sub-letting
That the premises were let and:(i) the tenant or any member of his family has not been in occupation thereof for a period of six months; (ii) the tenant has not been in occupation thereof, without a reasonable cause for a period of two years, immediately before the date of the filing of the application for the recovery of possession thereof: – Keep the Landlord informed Provided that the landlord may, on request in writing of the tenant, permit occupancy of the premises by a person other than the tenant or his family not exceeding the period of tenancy.
Explanation: For the purposes of this clause and clause (r), “family” means parents, spouse,dependent sons and daughters or such other relatives as are ordinarily living with the tenant and are dependent upon him;
That the premises or any part thereof have become unsafe or unfit for human habitation and are required by the landlord for carrying out repairs or re-construction which cannot be carried out without the premises being vacated:Provided that no order for the recovery of possession under this clause, or clauses above mentioned shall be made unless the Court is satisfied that the plans and estimates of such repairs or reconstruction, as the case may be, have been properly prepared and that the landlord has the necessary means to carry out the said repairs or reconstruction:
Protection of Landlord’s interest Provided further that if the landlord proposes to change the use of the premises after re-construction, then, he shall so specify in his application for recovery of possession and, after such reconstruction, the landlord shall, if it is otherwise permissible under law, utilize the built up area equal to the previous area for the original use to the extent required and rest for any other use acceptable under law.
That the premises or any part thereof are required by the landlord for the purpose of immediate demolition ordered by the Government or any local authority or the premises are required by the landlord to carry out any building work at the instance of the Government or a local authority in pursuance of any improvement scheme or development scheme and that such building work cannot be carried out without the premises being vacated;
That the premises or any part thereof are required by the landlord for carrying out any repairs which cannot be carried out without the premises being vacated; That the premises are required by the landlord for the purpose of building or re-building or make thereto any substantial addition or alteration including construction on the terrace of the premises or on the appurtenant land and that such building or rebuilding or addition or alteration cannot be carried out without the premises being vacated;
That the premises consist of not more than two floors and the same are required by the landlord for the purpose of immediate demolition with a view to rebuild the same: Provided that where the building of which such premises possession in respect of which has been recovered as above form a part has been re-built to an extent (If less than seventy-five per cent, a tenant so dispossessed shall have a right to reentry at the new terms of tenancy in the premises in the re-built building equivalent in area to the original premises for which he was a tenant;
That the tenant, his spouse or a dependent son or daughter ordinarily living with him has whether before or after the commencement of this Act, built or acquired vacant possession of or been allotted a residence or as the case may be a commercial premises: Provided that the Court may in appropriate cases allow the tenant to vacate the premises within such period as he may permit but not exceeding one year from the date of passing of the order of eviction;
That the premises were let to the tenant for use as a residence by reason of his being in the service or employment of the landlord, and that the tenant has ceased, whether before or after the commencement of this Act, to be in such service or employment: Provided that no order for the recovery of possession of any premises shall be made on this ground if the Court is of the opinion that there is any bonafide – dispute as to whether the tenant has ceased to be in the service or employment of the landlord;
That the tenant has, whether before or after the commencement of this Act, caused or permitted to be caused substantial damage to, or such alteration of, the premises as has the effect of changing its identity or diminishing its value.
Explanation: For the purposes of this clause, “substantial damage” shall mean such damage as shall involve an expenditure equivalent to six months rent or more of the premises or such less expenditure as the Court is satisfied keeping in view, the special nature of damage, justifies the same to be treated as substantial damage for carrying out the repairs for such damage:
Provided that no order for the recovery of possession of any premises shall be made on the ground specified in this clause, if the tenant, within such time as may be specified in this behalf by the Court, carries out repairs to the damage caused to the satisfaction of the Court or pays to the landlord such amount by way of compensation as the Court may direct;
The tenant or any person residing or carrying on business with the tenant has been convicted of causing nuisance or annoyance to a person living in the neighborhood of the premises or has been convicted of using or allowing the use of the premises for an immoral or illegal purposes:
No application for recovery of possession of any premises shall lie on this ground unless the landlord has given to the tenant a notice by registered post served personally on him requiring him to stop the misuse of the premises and the tenant has refused or failed to comply with such requirement within one month of the date of service of the notice and no order, for eviction against the tenant shall be made in such a case, unless the Court is satisfied that the misuse of the premises is of such a nature that it is a public nuisance or that it causes damage to the interest of the landlord;
That the tenant has, notwithstanding previous notice, used or dealt with the premises in a manner contrary to any condition imposed on the landlord by the Government or the local Authority while giving him a lease of the land on which the premises are situate:
Provided that no order for the recovery of possession of any premises shall be made on this ground if the tenant, within such time as may be specified in this behalf by the Court,complies with the condition imposed on the landlord by any of the authorities referred to in this clause or pays to the authority imposing such conditions the amount by way of compensation as the Court may direct;
That the tenant in his reply having denied the ownership of landlord, has failed to prove it or that such denial was not made in a bonafide manner;
That the person in occupation of the premises has failed to prove that he is a bonafide tenant:
That the tenant after having agreed with or having informed the landlord in writing the date to vacate the premises does not do so on or after the date so agreed or informed;
That, the premises let are required, whether in the same form or after re-construction or re-building, by the landlord for occupation for himself or for any member of his family if he is the owner thereof, or for any person for whose benefit the premises are held and that the landlord or such person has no other reasonably suitable accommodation:
Provided that where the landlord has acquired the premises by transfer, no application for the recovery of possession of such premises shall lie under this clause unless a period of one year has elapsed from the date of the acquisition:
Explanation-I: For the purpose of this clause and Sections 28 to 31: (i) where the landlord in his application supported by an affidavit submits that the premises are required by him for occupation for himself or for any member of his family dependent on him, the Court shall presume that the premises are so required;(ii) premises let for a particular use may be required by the landlord for a different use if such use is permissible under law
Explanation-II: For the purposes of this clause and Sections 28 to 31 an occupation by the landlord of any part of building of which any premises let out by him forms a part shall not disentitle him to recover the possession of such premises.
Conditions for filing eviction petition:
Before filing an application/ petition for eviction under section 27(2) the following aspects are to be looked into;-
Whether the premises sought to be vacated is residential or commercial;
The area in which the premises is situated- whether in Part A or Part B of First Schedule to the Act.
The standard rent payable to the premises- that is Rs.3,500/- or less per month in Part Aor Rs. 2,000/- or less per month in Part B area.
If it is commercial premises the plinth area should be 14 Sq. Meter or less and it should also fulfill the standard rent per month as in the above class.
The premises shall belong to a private person or association of persons or a company etc., It shall not belong to the State or Central Government, Muzarai or Wakf, Co-operative institutions, Market Committee, aided Institutions, a building which is less than 15 years of age and that the government has not exempted the building from the application of the Act.
Stress is on “deemed rent” in section 2(3)(e) of the Act. It refers to the standard rent. Standard rent need not be the rent payable under section 6 of the Act. The agreed rent need not necessarily be the standard rent. What has been paid or being paid by the tenant at the time of filing eviction application/petition may or may not be equal to standard rent.Standard rent is the jurisdictional point it is a good defence for the tenant to dispute the jurisdiction to the effect that until the “standard rent” is fixed by the Controller under section 7, the eviction proceedings cannot be continued.
A court fee stamp of Rs.50 / – should be affixed on the application/ petition.
The affidavit by the landlord, affirming the averments made in the main petition along with the eviction application/petition. It should be substantially the same as in the main petition.
Vakalat of the advocate duly stamped, indicating his enrollment number in the State Bar Council.
Process memo sufficiently stamped and number of copies of application/ petition and affidavits.