Many tenants in Indian cities first learn about their rights only when a landlord asks them to leave, raises the rent sharply or refuses to return the deposit. This guide explains, in plain terms, what the law says about eviction, deposits and disputes - mainly under the Model Tenancy Act, 2021, which the Union Cabinet approved on June 2, 2021 as a template for states and union territories.
This is general information, not legal advice. For a dispute, speak to a lawyer or your local rent authority.
First, which law applies to you
Rent and tenancy are state subjects under the Constitution, so there is no single tenancy law for the whole country. What applies to you depends on where the house is:
- States that have adopted the Model Tenancy Act or passed a new law on similar lines. Tamil Nadu, for example, already has the Tamil Nadu Regulation of Rights and Responsibilities of Landlords and Tenants Act, 2017, which was based on the earlier 2015 draft of the Model Act.
- States that still follow older rent control laws. According to PRS Legislative Research, 20 states still had rent control legislation as of 2020, such as the Karnataka Rent Act, 1999 and the West Bengal Premises Rent Control Act, 1950.
- Leave and licence agreements, common in some cities, are treated differently from tenancies in several states.
So before you rely on any rule below, check which law your state follows. Your rent agreement should also say which law it is signed under.
The rent agreement comes first
Under the Model Tenancy Act, no premises can be rented without a written agreement between landlord and tenant. The agreement must state:
- the rent payable
- the period of tenancy
- the terms and period for revising the rent
- the security deposit paid in advance
- the reasonable causes for which the landlord may enter the premises
- who is responsible for maintaining the premises
The landlord and tenant must inform the Rent Authority about the agreement within two months of signing it. The Authority gives the parties a unique identification number for the agreement. The Act covers residential, commercial and educational premises.
When can a landlord evict a tenant?
Under the Model Act, a landlord who wants a tenant out must apply to the Rent Authority. Eviction can be ordered on grounds that include:
- The tenant refuses to pay the agreed rent.
- The tenant has not paid rent for more than two months.
- The tenant has given possession of part or all of the premises to someone else without the landlord's written consent.
- The tenant keeps misusing the premises even after written notices to stop.
- The tenant has made structural changes without the landlord's written consent.
Other situations where a landlord can seek possession include cases where necessary repairs, rebuilding or demolition are needed, a change in land use, and the death of the landlord where legal heirs genuinely need the premises.
In short, the landlord cannot simply decide one day that you must leave. There has to be a ground recognised by law, and the matter goes through the rent authority system.
How fast are cases decided?
The Model Act sets deadlines for the rent authorities:
| Type of case | Time limit after filing |
|---|---|
| Premises occupied by someone else without written consent; misuse after notice | 30 days |
| Appeals to the Rent Court and Rent Tribunal | 60 days |
| Non-payment of rent, repairs or rebuilding, change of land use, landlord's heirs needing the house | 90 days |
PRS has pointed out that the Act does not fix a deadline for some other disputes, such as rent revision and the withholding of essential services.
The three-level dispute system
The Model Act sets up a three-tier system in place of the civil courts for tenancy matters:
| Body | Headed by | Main role |
|---|---|---|
| Rent Authority | Deputy Collector | Registers agreements, settles rent revision disputes, can order essential services to be restored |
| Rent Court | Additional Collector or Additional District Magistrate | Hears appeals against the Rent Authority, orders eviction and recovery of possession |
| Rent Tribunal | District Judge or Additional District Judge | Hears appeals against the Rent Court |
Under the Model Act, civil courts have no jurisdiction over matters covered by it.
Security deposit limits
The Model Act caps the security deposit at:
- Two months' rent for residential premises
- Six months' rent for non-residential premises
The landlord must refund the deposit when taking back vacant possession, after making due deductions (for example, unpaid rent or damage agreed under the agreement). In many cities, landlords ask for much larger deposits; those caps apply only where a state law based on the Model Act is in force.
If the tenant overstays
A tenant may ask the landlord to renew or extend the tenancy. But if the tenancy ends and is not renewed, or is ended by an order, and the tenant does not vacate, the Model Act makes the tenant pay:
- twice the monthly rent for the first two months, and
- four times the monthly rent after that, for as long as they stay.
Essential services and repairs
A landlord or property manager cannot cut off essential supplies or services to force a tenant out. If this happens, the tenant can approach the Rent Authority, which can order the services to be restored and impose a penalty.
The Model Act also divides repair duties. Structural repairs and whitewashing of walls and doors are the landlord's responsibility, while tasks such as drain cleaning, geyser repairs and fixing kitchen fittings fall on the tenant.
Subletting
A tenant cannot sublet all or part of the premises unless a supplementary agreement allows it. The landlord and tenant must jointly inform the Rent Authority about the sub-tenancy within two months.
Practical steps for tenants
- Always sign a written agreement and keep a copy, along with rent receipts or bank transfer records.
- Pay rent through a traceable method such as UPI or bank transfer, so there is proof if the landlord later alleges non-payment.
- Record the condition of the house with dated photos when you move in and when you leave, to settle deposit deductions.
- Keep written copies of all notices, whether from you or the landlord.
- Find out your state's law and the local rent authority or court before a dispute grows.
For a real example of a rent dispute, read our report on a Bengaluru tenant who said the landlord gave a false eviction reason to raise the rent.
Frequently asked questions
Can a landlord evict a tenant without going to any authority?
Under the Model Tenancy Act, 2021, a landlord who wants to evict a tenant has to apply to the Rent Authority, and eviction orders are passed on specific grounds such as non-payment of rent. The exact procedure depends on the tenancy law your state has adopted.
What is the maximum security deposit a landlord can take?
The Model Tenancy Act caps the deposit at two months' rent for residential premises and six months' rent for non-residential premises. This limit applies only in states that have adopted a law based on the Model Act.
Does the Model Tenancy Act apply in my state automatically?
No. Housing and rent control are state subjects, so the Model Act is a template. It applies only after a state or union territory passes its own law or amends its existing rent law on those lines.
What happens if a tenant does not vacate after the tenancy ends?
Under the Model Act, a tenant who stays on after the tenancy ends, or after it is terminated by an order, must pay twice the monthly rent for the first two months and four times the monthly rent after that.
Can a tenant sublet the house?
Not without the landlord's consent. The Model Act prohibits subletting unless it is allowed through a supplementary agreement, and both parties must inform the Rent Authority within two months.
