Supreme Court-Landlord cannot evict a tenant for at least five years
If a tenant has paid the rent regularly according to the agreement, landlord cannot evict the tenant for at least five years. 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 at least for a period of five years, a bench of justices Dalveer Bhandari and Deepak Verma said.
The Supreme Court on Friday said a landlord cannot evict a tenant for at least five years if he has paid the rent regularly according to the agreement between the two parties.
The bench expressed concern over the rising landlord-tenant litigation in the country and laid down 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 terms of the agreement or at least by 10%, 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, fixed 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 recently . It fixed the responsibility of “usual maintenance ” of the premises on the tenants while putting the onus of major repairs on the landlords.
- If a tenant has paid the rent regularly according to the agreement, landlord cannot evict the tenant for at least five years.
- The tenant must enhance the rent according to terms of the agreement or at least by 10%, after every three years.
- If the rent is too low, fixed 20 to 25 years back, then the present market rate should be worked out.
- It fixed the responsibility of “usual maintenance ” of the premises on the tenants.
- The responsibility of “major repairs” of the premises on the landlords.
Delhi NCR, Landlord cannot evict a tenant, Landlord cannot evict a tenant for at least five years, Landlord-Tenant, Supreme Court, Tenant eviction
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