The Andhra Pradesh Residential and Non-Residential Premises Tenancy Act, 2017.

English — official source version

a.p_residential_and_non-_residential_premises_tenancy_act,_2017..pdf.txt

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THE ANDHRA PRADESH RESIDENTIAL AND NON-RESIDENTIAL 
PREMISES TENANCY ACT, 2017  

ARRANGEMENT OF SECTIONS

SECTIONS

CHAPTER I
PRELIMINARY

1. Short title, extent and commencement.
2. Definitions.
3. Act not to apply to certain premises.

CHAPTER II
T E N A N C Y

4. Tenancy agreement.
5. Period of  Tenancy.
6. Inheritability of Tenancy.
7. Restricting on subletting.

CHAPTER III
R E N T

8.  Rent Payable.
9.  Revision of Rent.
10. Rent Authority to fix or revise rent.
11. Security Deposit.

CHAPTER IV
RIGHTS AND DUTIES OF LANDLORD AND TENANT

12. One set of original agreement to be given to the tenant.
13. Receipt  to be given for rent paid.
14. Credit of rent to the account of landlord.
15. Repair and maintenance of property.
16. Tenant to look after the  premises.
17. Entry with notice.
18.Information about the property manager.
19. Role and responsibilities of property manager.
20. Cutting off or withholding essential supply or service.



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CHAPTER V
REPOSSESSION OF THE PREMISES BY THE LANDLORD

21. Repossession of the premises by the Land Lord.
22. Recovery of possession for occupation.
23. Compensation in case of non- vacancy.
24. Refund of advance rent by the landlord.
25. Payment of rent during eviction proceedings.
26. Permission to build additional structure.
27. Special provision regarding vacant sites.
28. Vacant possession of landlord.

       29. Provision regarding notice of giving up possession by the 
              tenant.

CHAPTER VI
RENT COURTS & RENT TRIBUNALS

30. Constitution of Rent Court.
31. Constitution of Rent Tribunal.
32.  Jurisdiction of Rent Court and Rent Tribunal.
33.  Procedure of Rent Court and Rent Tribunal.
34.  Powers of Rent Court and Rent Tribunal.
35. Appeal to the Rent Tribunal.
36. Execution of the Order.

CHAPTER VII
APPOINTMENT OF RENT  AUTHORITIES, 
HEIR POWERS, FUNCTIONS AND APPEALS

37. Appointment of Rent Authority.
38. Powers and Procedure of Rent Authority.
39. Appeals.

CHAPTER VIII
MISCELLANEOUS

40. Jurisdiction of civil courts  barred in respect of certain 
              matters.

41. Court fees.
42. Members etc., to the public servants
43. Members etc., to function under the control of the High Court.
44. Protection of action taken in good faith.
45. Power to make Rules.
46. Power to remove difficulties.
47. Repeal and savings.



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THE FIRST SCHEDULE
(See Section 4)

Form of Tenancy Agreement

THE SECOND SCHEDULE
(See Section 15 (1))

DIVISON OF MAINTANANCE RESPONSIBILITY
BETWEEN THE LAND LORD AND THE TENANTS

THE THIRDSCHEDULE
(See Section 22)

SPECIAL  CATEGORY OF LANDLORDS

THE ANDHRA PRADESH RESIDENTIAL AND NON-RESIDENTIAL 
PREMISES TENANCY ACT, 2017  

(ACT No.10 of 2018)
(9th January, 2018)

AN ACT TO REVISE THE LAW RELATING TO THE REGULATION OF 
RENT AND TO BALANCE THE RIGHTS AND DUTIES OF LANDLORDS 
AND TENANTS OF RESIDENTIAL AND NON-RESIDENTIAL PREMISES IN 
THE  URBAN  AND  OTHER  AREAS,  AND  TO  PROVIDE  FOR  QUICK 
RESOLUTION OF DISPUTES, AND MATTERS CONNECTED THEREWITH 
OR INCIDENTAL THERETO.

Be it enacted by the Legislature of the State of Andhra Pradesh in the 
Sixty-eighth Year of the Republic of India as follows:-

CHAPTER-I
PRELIMINARY

   
1. Short title, extent and commencement, -  This Act may be called the 
Andhra Pradesh Residential  and Non-  Residential  Premises Tenancy  Act, 
2017.

(2)  It  shall  extend  to  all  urban  areas  and  to  such  of  the  gram 
Panchayats where Mandal Praja Parishad head quarters are situated in the 
State of Andhra Pradesh.



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Provided that the State Government may by notification exclude any 
area or units or class of  buildings from the operation of  this Act or any 
provision thereof.

(3) It shall come into force on such date as the State Government may, 
by notification in the Andhra Pradesh Gazette appoint and different dates 
may be appointed for different provisions of the Act.

2.Definitions, -In this Act, unless the context otherwise requires, -

(a) “agreement” or “tenancy agreement” means the written 
agreement  executed  by  the  landlord  and  the  tenant  as 
required under this Act;

(b)  “landlord”  means a  person who,  for  the  time  being  is 
receiving, or is entitled to receive, the rent of any premises, 
whether on his own account or on account of or on behalf 
of, or for the benefit of, any other person or as a trustee, 
guardian or receiver of any person or who would so receive 
the rent or be entitled to receive the rent, if  the premises 
were  let  to  a  tenant,  and  shall  include  his  successor-in-
interest;

(c)  “local  authority”  means  a  Municipal  Corporation  or  a 
Municipal Council or a Nagar Panchayat or a Development 
Authority,  by  whatever  name called,   or  such other  body 
entitled to function as a local authority in any city or town, 
constituted under relevant law for the time being in force;

(d)  “person  with  disability”  has  the  same  meaning  as 
assigned to it in clause (t) of Section 2 of the Persons with 
Disability  (Equal  Opportunities,  Protection  of  Rights  and 
Full Participation) Act, 1995;

(e)  “premises”  means  any  building  or  part  of  a  building 
which is, or is intended to be, let separately for the purpose 
of residence or for commercial or for educational use, except 
for industrial use and includes-

(i)  the  garden,  grounds  and  out-houses,  if  any, 
appertaining to such building or part of the building,

(ii) any fitting to such building or part of the building for 
the more  beneficial     enjoyment thereof,  but  does not 
include hotel, lodging house, dharmshala or inn etc.;

(f) “property manager” means a person or company who is 
employed by  the landlord to manage the premises and who 
represents the landlord in his dealings with the tenant;



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(g)  “Rent  Authority”  means  an  officer  appointed  under 
section 37;

(h)  “Rent  Court”  means  a  Rent  Court  constituted  under 
section 30 ;

(i) “rent payable” in relation to any premises means the rent 
as per section 8;

(j) “Rent Tribunal” means Rent Tribunal constituted under 
Section 31;

(k) “Schedule” means the Schedule annexed to this Act;

(l) “Tenant” means a person by whom or on whose account 
or behalf the rent of any premises is, or, but for a contract 
express or implied, would be payable for any premises and 
includes any person occupying the premises as a sub-tenant 
and  also,  any  person  continuing  in  possession  after  the 
termination  of  his  tenancy  whether  before  or  after  the 
commencement of this Act; but shall not include any person 
against  whom any  order  or  decree  for  eviction  has  been 
made;

(m)  “Urban  Area”  means  the  areas  that  fall  under  the 
jurisdiction  of  either  the  Municipal  Corporation  or  the 
Municipal  Council  or  the  Development  Authority  or  the 
Nagar Panchayat or any other such body as the case may 
be.

3. Act not to apply to certain premises,- Nothing in this Act shall      
apply   to –

(a) Any premise(s) owned or promoted by the Central or 
State or Local Authority or a Government undertaking or 
enterprise or a statutory body or cantonment board.

(b)  Premise(s)  owned  by  a  company,  university  or 
organization  given  on  rent  to  its  employees  as  part  of 
service contract;

(c)  Any  premise(s)  owned  by  religious  or  charitable 
institutions  as  may  be  specified  by  the  Central/State 
Government, by notification;

(d) Any premise(s) owned by Wakfs registered under the 
Wakf  Act,  1995  (Act  No.43  of  1995)  or  to  any  trust 
registered under the Public Trust Act;

(e)  Any  other  building  and/or  category  of  building(s) 
specifically  exempted  in  public  interest  by  the  State 
Government through notific  Provided that any owner of 
the premise(s) falling under clauses (a) to (e) of the above, 



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may opt that the tenancy agreement entered into by them 
be regulated under the provisions of this Act.

CHAPTER II
TENANCY

4. Tenancy agreement, -(1) Notwithstanding anything contained in this Act 
or  any  other  law for the  time  being  in  force,  no  person  shall,  after  the 
commencement of this Act, let or take on rent any premises except by an 
agreement in writing, signed by the landlord and tenant jointly, in the form 
specified  in  the  First  Schedule.  Such  agreement  shall  be  registered  or 
notarized with the notary public. Two copies of the tenancy agreement to be 
made in original one each for the landlord and tenant.

(2) Where, in relation to a tenancy created before the commencement 
of this Act –

(a) an agreement in writing was already entered into it shall 
be  registered  or  notarized  within  six  months  of  the 
commencement of this Act if it is not registered or notarized.

(b) no agreement in writing was entered into, the landlord 
and the tenant shall enter into an agreement in writing with 
regard to  that  tenancy,  in  the  form specified  in the  First 
Schedule  and  get  this  registered  or  notarized  within  six 
months of the commencement of this Act.

(3) Information provided as per sub-section (1) and (2) shall be taken 
as evidence of facts relating to tenancy and matters connected therewith and 
in  its  absence  any  statement  in  the  agreement  shall  not  be  received as 
evidence of the facts in any court of law.

5. Period of Tenancy, - (1)  All  tenancies  entered  into  after  the 
commencement  of  this  Act  shall  be  for  a  period  as  agreed  between  the 
landlord and the tenant and as specified in the tenancy agreement. 

(2) The tenant may approach the landlord for renewal or extension of 
the tenancy, within the period agreed to in the tenancy agreement, prior to 
the end of tenancy period and if agreeable to the landlord may enter into a 
new tenancy agreement with the landlord on mutually agreed terms and 
conditions.

(3) If a tenancy for a fixed term ends and has not been renewed, the 
tenant  shall  vacate  the  premises  forthwith  and  put  in  possession  the 
landlord in such premises.



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6. Inheritability of tenancy, -(1) The tenancy shall cease immediately after 
the death of the tenant save as provided in sub-section (2).

(2)  In  the  event  of  the  death  of  a  tenant,  the  right  of  tenancy  of 
residential  and  non-residential  premises  shall  devolve  for  the  remaining 
period of tenancy to his successors in the following order, if the successor 
had been ordinarily  living or  working in the premises with the deceased 
tenant upto his death.

(a) Spouse;
(b) Sons/unmarried daughters;
(c) Parents;
(d) Daughter-in-law being the widow of a predeceased son.

7.  Restriction  subletting,  -(1)  After  the  commencement  of  this  Act,  no 
tenant shall without the previous consent in writing of the landlord –

(a)  subject  whole  or  part  of  the  premises  held  by  him as a 
tenant; 

(b) transfer or assign his rights in the tenancy agreement or 
any part thereof.

(2)  Where the premises are sublet as per sub-section (1)  above the 
tenant shall notify the landlord the date of commencement or termination of 
sub-tenancy, as the case may be, within one month of the commencement 
or termination.

CHAPTER III
RENT

8. Rent payable, - The rent payable in relation to a premises shall be,-

(a)  in  case  of  new  tenancies  entered  into  after  the 
commencement of this Act, the rent agreed to between the 
landlord  and  the  tenant  at  the  commencement  of  the 
tenancy;

(b)  in  case  of  tenancies  entered  into  before  the 
commencement of this Act, after the expiry of twelve months 
from the commencement of this Act, rent payable shall be as 
per clause (a) and –

(c) the landlord shall intimate the tenant, two months prior 
to the expiry of the said twelve months, about the revision in 
rent, if required;

(i) In the absence of an agreement between the landlord 
and the tenant on the rent payable as per clause (a), the 
landlord shall have the option to terminate the tenancy as 
per clause (a) of sub-section (2) of section 21.



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9. Revision of Rent, - (1)  The revision of rent between the landlord and 
the tenant shall be as per the terms set in the Tenancy Agreement.

(2) Save as agreed otherwise in the agreement, the landlord shall give 
a notice in writing three months before the revised rent becomes due.

(3) If a tenant who has been given notice of an intended rent increase 
under  sub-section  (2),  fails  to  give  the  landlord  notice  of  termination  of 
tenancy,  the  tenant  shall  be  deemed  to  have  accepted  whatever  rent 
increase has been proposed by the landlord.

(4) In case the premises has been let for a fixed term, rent may not be 
increased during the currency of the tenancy period unless the amount of 
increase or method of working out the increase is expressly set out in the 
Tenancy Agreement.

(5)  No tenant shall directly or indirectly sublet or assign, whole (or 
part)  of  the  premises  for  a  rent  that  is  higher  than  the  rent  (or  the 
proportionate rent) charged by the landlord to the tenant.

(6) Where the landlord, after the commencement of tenancy and with 
agreement  with  the  tenant  has  incurred  expenditure  on  account  of 
improvement, addition or structural alteration in the premises occupied by 
the tenant, which does not include repairs necessary to be carried out under 
section 15, the landlord may increase the rent of the premises by an amount 
as agreed between the landlord and the tenant, prior to the commencement 
of the work and such increase in rent shall become effective from one month 
after the completion of work.

(7) Where after the rent of a premises has been agreed or fixed, there 
has been a decrease or diminution or deterioration of  accommodation or 
housing services in the premises, the tenant may claim a reduction in the 
rent and in the case of conflict may approach the Rent Authority.

(8)  The  landlord  may either  restore  the  premises  and the  housing 
services as at the commencement of tenancy or agree for a reduction in rent.

10. Rent Authority to fix or revise rent, -

The Rent Authority on an application by the landlord or tenant 
will fix or revise, as the case may be, the rent or other charges payable by 
the tenant as also fix the date from which the revised rent becomes payable.

11.  Security Deposit, -  (1)Save an agreement to the contrary, it shall be 
unlawful to charge a security deposit in excess of three times the monthly 
rent.

(2) The security deposit shall be refunded to the tenant within one 
month after vacation of the premises, after making due deduction of any 
liability of the tenant.



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CHAPTER-IV
RIGHTS AND DUTIES OF LANDLORD AND TENANT

12. One set of original agreement to be given to the tenant, - After  the 
tenancy agreement has been signed by both the landlord and tenant; the 
landlord must give one original signed and registered or notarized agreement 
to the tenant within fifteen days of the agreement being signed by both the 
landlord and the tenant in the manner as prescribed. 

13. Receipt to be given for rent paid, - (1) Every tenant shall pay rent and 
other  charges  payable  within  the  stipulated  period  as  in  the  tenancy 
agreement between the landlord and the tenant.

(2) Every tenant who makes payment of rent or other charges payable 
or  advance towards such rent  or  other charges to his  landlord,  shall  be 
entitled, against acknowledgement, to obtain forthwith from the landlord or 
his property manager, a written receipt duly signed by the landlord or his 
property manager for the amount paid to him.

14. Credit of rent to the account of landlord, -(1) Where the landlord does 
not accept any rent and other charges payable or refuses to give a receipt, 
the rent  and other charges shall  be paid to the landlord through online 
transfer to his bank account or any other method as may be prescribed.

(2) Whenever there is bona-fide doubt about the person or persons to 
whom the  rent  is  payable,  the  tenant  may deposit  such  rent  and other 
charges with the Rent Authority.

(3) On deposit of the rent, the Rent Authority shall investigate the case 
and pass an order based on facts of the case. 

(4) The withdrawal of rent and other charges paid or deposited under 
sub-section (1) or sub-section (2), as the case may be, shall not operate as 
an admission against the person withdrawing it to the correctness of rent or 
any other fact stated by the tenant.

(5) Any rent and charges not withdrawn for five years by any person 
entitled to withdraw shall be forfeited by the State Government by giving a 
notice in such manner as may be prescribed.

15.  Repair  and maintenance of  property,  -  (1) Notwithstanding  any 
contract in writing to the contrary, the landlord and the tenant shall  be 
bound  to  keep  the  premises  in  as  good  and  condition  as  at  the 
commencement of the tenancy, except for normal wear and tear, and shall 
be responsible for the respective repairs and maintenance as specified in the 
Second Schedule.

(2) In case of common facilities shared among the tenants or with the 
landlord, the respective responsibilities of each tenant and landlord will be 
specified in the Tenancy Agreement.



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(3) In the event of tenants refusal to carry out scheduled or agreed 
repairs, the landlord shall get the repairs done and deduct the amount from 
the Security Deposit.

(4)  In case  the  landlord refuses  to  carry  out  the  scheduled or  agreed 
repairs,  the  tenant  can  get  the  work  done  and  deduct  the  same  from 
periodic rent:

Provided that  the deduction from rent  in any one month shall  not 
exceed fifty per cent of the agreed rent for one month.

(5)  In  case  the  unit  is  uninhabitable  without  the  repairs  and  the 
landlord has refused to carry out the required repairs,  after being called 
upon to get the repairs done in writing by the tenant(s), the tenant(s) will 
have the right to vacate the unit after giving landlord fifteen days of notice in 
writing or by approaching the Rent Authority.

16. Tenant to look after the premises, -During the tenancy, the tenant 
must –

(a) not intentionally or negligently damage the premises or 
permit such damage;

(b) notify the landlord of any damage as soon as possible;

(c) take reasonable care of the premises and its contents and 
keep it reasonably habitable having regard to its condition at 
the commencement of tenancy and the normal incidence of 
living.

17. Entry with notice, - (1) A landlord or the property manager may enter a 
premises  in accordance  with  written  notice  given  to  the  tenant  at  least 
twenty-four  hours  before  the  time  of  entry  under  the  following 
circumstances.

(a)  to carry out  repairs  or  replacement or  do or  get  done 
work in the premises;

(b) to carry out an inspection of the premises for the purpose 
of determining whether the premises is in a habitable state;

(c) for any other reasonable reason for entry specified in the 
Tenancy Agreement.

(2) The written notice will specify the reason for entry, the day and 
time of entry between 7.00 A.M. to 8.00 P.M.

18. Information about the property manager, -In case the landlord has 
hired a property manager, the landlord must provide tenant the following 
information –



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(a)   property manager’s name;

(b)  the  proof  that  he  is  an  agent  of  the  landlord  and 
employed by the landlord;

(c)  if  the  property  manager  is  a  company,  name  of  the 
company, employee who can be contacted in relation to the 
tenancy agreement etc.

19.Role and responsibilities of property manager, - The  functions  of  the 
property manager may include the following,- –

(a) collection of rent against receipt;

(b) getting essential repairs done on behalf of the landlord;

(c) inspection of the premises from time to time;

(d) giving notices to tenant(s) for

(i) proper maintenance of the premises, 

(ii) delay in payment of rent; 

(iii) revision of rent; 

(iv) vacation of premises;
(v) renewal of tenancy;

(e)  help  in  resolution  of  disputes  among  tenants  and 
between landlord and tenant(s);

(f) any other matters relating to tenancy.

20.Cutting  off  or  withholding  essential  supply  or  service,  -  (1)  No 
landlord or tenant either by himself or through any person shall cut-off or 
withhold any essential supply or service in the premises occupied by the 
tenant or the landlord.

(2)  In case of contravention of provisions of sub-section (1)  and on 
application from the tenant or the landlord, as the case may be, the Rent 
Authority after examining the matter may pass an interim order directing 
the  restoration  of  supply  of  essential  services  immediately  pending  the 
inquiry referred to in sub-section (3).

(3)  The  Rent  Authority  shall  conduct  an  inquiry  against  the 
application made by the landlord or the tenant, as the case may be, and 
complete the inquiry within one month of filing of such application.

(4)  The  Rent  Authority  may  also  levy  a  penalty  on  the  person 
responsible for cutting off or withholding the essential supply, which may 
extend upto an amount as may be prescribed.



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(5) The Rent Authority may direct that compensation be paid to the 
landlord or tenant if it finds that the application was made frivolously or 
veraciously.

Explanation- Essential services includes supply of water   electricity, lights 
in passages, lifts and on staircase,  conservancy,  parking,  communication 
links and sanitary services or such other services as may be specified by the 
Government.

CHAPTER-V
REPOSSESSION OF THE PREMISES BY THE LANDLORD

21.Repossession of the premises by the Land Lord, -(1) A tenant shall not 
be  evicted  during  the  continuance  of  tenancy  agreement  except  in 
accordance with the provisions of sub-section (2).

(2) The Rent Court shall, on an application made to it in the manner 
prescribed, make an order for the recovery of possession of the premises on 
one or more of the following grounds, namely:-

(a) that the landlord and tenant have failed to agree to the 
rent payable under section 8; 

(b) that the tenant has not paid the arrears in full of rent 
payable  and  other  charges  payable  as  specified  in  sub-
section (1) of Section 13 for two months, including interest 
for delayed payment as may be specified for in the tenancy 
agreement  or  prescribed,  as the  case  may be,  within one 
week of notice of demand served by email, registered post or 
in person or in any other manner as may be prescribed for 
the arrears of such rent and other charges payable.

Provided  that  no  order  for  eviction  of  the  tenant  on 
account of default of payment of rent shall be passed, if the 
tenant makes payment to the landlord or deposits with Rent 
Court all arrears of rent including interest within one week 
of notice being served on him:

Provided further that this relief  shall not be available 
again,  if  the  tenant  defaults  in  payments  of  rent 
consecutively for two months in any one year subsequent to 
getting relief once;

(c) that the tenant has after the commencement of this Act, 
parted  with  the  possession  of  whole  or  any  part  of  the 
premises  without  obtaining  the  written  consent  of  the 
landlord;



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(d)  that  the  tenant  has  continued  misuse  of  the  premises 
even after receipt of  notice from the landlord to stop such 
misuse.

Explanation – For  the  purpose  of  this  clause,  misuse  of 
premises means encroachment of  additional  space  by the 
tenant or use of premises which causes public nuisance or 
causes  damage  to  the  property  or  is  detrimental  to  the 
interest of the landlord or for an immoral or illegal purposes;

(e) that the premises or any part thereof are required by the 
landlord  for  carrying  out  any  repairs  or  building  or 
rebuilding or additions or alterations or demolition, which 
cannot be carried out without the premises being vacated:

Provided  that  the  re-entry  of  the  tenant  after  such 
repairs, rebuilding, addition, alteration etc. will be allowed 
only  when  it  has  been  mutually  agreed  to  between  the 
landlord and the tenant and the new tenancy agreement is 
entered between them in writing which shall be registered or 
notarized.

Provided further that re-entry of the tenant shall not be 
allowed in the absence of such mutual agreement and also 
in  cases  where  the  tenant  has  absence  of  such  written 
agreement  and  also  in  cases  where  the  tenant  has  been 
evicted under the orders of the Rent Court.

(f) that the premises or any part thereof are required by the 
landlord for carrying out any repairs, building, rebuilding, 
additions, alterations or demolition, for change of its use as 
a consequence of change of land use made by the competent 
authority  under  relevant  law  applicable  to  the  local 
authority.

(g)  that  the  premises  let  for  residential  or  non-residential 
purpose  are  required  by  the  landlord  for  occupation  for 
residential or non-residential purpose for himself or for any 
member of his family or for any person for whose benefit the 
premises were held and the landlord or such person is not 
in  possession  of  any  suitable  accommodation  within  the 
same urban area;

(h) that the tenant has given written notice to quit and in 
consequence of that notice the landlord has contracted to 
sell the accommodation or has taken any other step, as a 
result of which his interests would seriously suffer if he is 
not put in possession of that accommodation;

(3) The Rent Court may, on an application made to it in the manner 
prescribed,  make  an  order  putting  the  landlord  in  possession  of  the 



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premises by evicting the tenant after expiry of the tenancy period specified 
in the agreement. 

22. Recovery of possession for occupation,- Where an order for recovery 
of possession of any premises is made on the ground specified in clause (g) 
of  sub-section (2)  of  section 21,  the  landlord  shall  be  entitled  to  obtain 
possession thereof within a period of one month in the case of residential 
premises and two months in the case of non-residential premises from the 
date of passing of eviction order:

Provided that in case of premises let by category of landlords specified 
in the Third  Schedule  or  by  their  spouse  or   dependent  children 
(including  dependents  of  pre-deceased  personnel  in  armed  forces),  the 
landlord shall be entitled to obtain possession immediately after passing of 
the eviction order.

23.  Compensation  in  case  of  non-vacancy,  -A  landlord  is  entitled  to 
compensation of double the monthly rent for the use and occupation of a 
premise by a tenant who does not vacate the unit after his tenancy has been 
terminated by order, notice or agreement for  the period of first six months 
and thereafter it shall be thrice the monthly rent.

24. Refund of advance rent by the landlord, -(1) the period of first six 
months and thereafter it shall be thrice the monthly under sub-section (2) of 
Section 21, and he had received any rent or any other payment in advance 
from the tenant, he shall before recovery of possession, refund to the tenant 
such an amount after deducting the rent and other charges due to him.

(2) If any default is made in making any refund, the landlord shall be 
liable to pay interest at the rate of 18% per annum on the amount liable to 
pay interest at the rate of 18% per annum on the amount which he has 
omitted or failed to refund.

25.Payment of rend during eviction proceedings,- In any proceedings for 
recovery of possession on any ground other than that referred to in clause 
(a) or clause (b) of sub-section (2)  of Section 21, the tenant contests the 
claim for eviction, he shall continue to pay rent and other charges payable to 
the landlord through online transfer to his bank account or in any other 
manner as may be prescribed.

26.  Permission  to  build  additional  structure,  -  Where  the  landlord 
proposes to make any improvement in or construct any additional structure 
on any building which has been let to a tenant and the tenant refuses to 
allow the landlord to make such improvement or construct such additional 
structure and the Rent Court on an application made to it in this behalf by 
the landlord is satisfied that the landlord is ready and willing to commence 
the work, the Rent Court may permit the landlord to do such work and may 
make such other order as it may think fit.



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27. Special provision regarding vacant sites, - Notwithstanding  anything 
contained  in  Section  21,  where  any  premises  which  have  been  let 
comprising of vacant land, upon which it is permissible under the municipal 
byelaws,  for  the  time  being  in  force  to  erect  any  building,  whether  for 
residence or for any other purpose, and the landlord proposing to erect such 
building  is  unable  to  obtain possession  of  the  same from the  tenant  by 
agreement with him and the Rent Court, on an application made to it in this 
behalf by the landlord, is satisfied that the landlord is ready and willing to 
commence the work and that the severance of the vacant land from the rest 
of  the premises shall  not cause undue hardship to the tenant,  the Rent 
Court may-

(a) direct such severance;

(b) place the landlord in possession of the vacant land;

(c) determine the rent payable by the tenant in respect of the 
rest of the premises; and

(d)  make  such  other  orders  as  it  thinks  fit  in  the 
circumstances of the case.

 28. Vacant possession of landlord, - Notwithstanding anything contained 
in any other law for the time being in force, where the interest of a landlord 
in any premises is determined for any reason whatsoever and any order is 
made by the Rent Court under this Act for the recovery of possession of 
such  premises,  the  order  be  binding  on  all  occupants  who  may  be  in 
occupation of the premises and vacant possession thereof shall be given to 
the landlord by evicting all such occupants therefrom.

29. Provision regarding notice of giving up possession by the tenant, -

(1) Every tenant who is in possession of any premises to which this 
Act  applies  shall  observe  all  the  terms  and  conditions  of  the  tenancy 
agreement and shall be entitled to the benefits thereof.

(2) Notwithstanding anything in this Act or any other law for the time 
being in force, the tenant may give up possession of the premises on giving 
such notice as is required under the tenancy agreement and in the absence 
of any stipulation relating to such notice, the tenant shall give notice to the 
landlord of at least one month before giving up possession of the premises.

CHAPTER-VI
RENT COURTS &RENT TRIBUNALS

30.  Constitution of  Rent Court,  -(1)  The State  Government  may,  by 
notification, constitute such number of Rent Courts in as many urban areas 
as may be deemed necessary by it.



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2) Where two or more Rent Courts are constituted for any urban area, 
the  State  Government  may,  by  general  or  special  order,  regulate  the 
distribution of business among them. 

(3) A Rent Court may consist of one person only (hereinafter referred 
to  as the  Presiding Officer)  to be  appointed by the State  Government  in 
consultation with the High Court.

(4) No person shall be eligible to be appointed as Presiding Officer of 
the Rent Court unless he is member of the State Higher Judicial Service.

(5) The State Government may, in consultation with the High Court, 
authorize the Presiding Officer of one Rent Court to discharge the functions 
of the Presiding Officer of another Rent Court also.

31. Constitution of Rent tribunal, -  (1) The State Government may, by 
notification, constitute such number of Rent Tribunals at such places as 
may be deemed necessary by it.

(2) Where two or more Rent Tribunals are constituted for any area, the 
State government may, by general or special order, regulate the distribution 
of business among them.

(3)  The  Rent  Tribunal  shall  consist  of  one  person  only  (here  after 
referred to as the presiding officer of the rent tribunal) to be appointed by 
the State Government in consultation with the High Court.

(4) No person shall be eligible to be appointed as the presiding officer 
of the Rent Tribunal unless he has been a High Court Judge.

(5) The State Government may authorize the presiding officer of the 
Rent Tribunal  to discharge the functions of  the presiding officer  another 
Rent Tribunal also.

32.Jurisdiction of Rent Court and Rent Tribunal, - Notwithstanding any-
thing contained in any other law for the time being in force, in the areas to 
which this Act extends, only the Rent Court and no Civil Court shall have 
jurisdiction, to hear and decide the applications relating to disputes between 
landlord and tenant and matters connected with and Rent ancillary thereto 
covered under this Act:

Provided  that  the  Rent  Court  shall,  in  deciding  such  applications 
relating to tenancies and premises, give due regard to the provisions of the 
Transfer  of  Property  Act,  1882(Act  4  of  1882),  the  Indian  Contract  Act, 
1872(Act 9 of 1872) or any other substantive law applicable to such matter 
in the same manner, in which such law would have been applied had the 
dispute been brought before a Civil Court by way of suit.



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33. Procedure of Rent Court and Rend Tribunal, -(1) Subject to any rules 
that may be made under this Act, the Rent Court and the Rent Tribunal 
shall  not  be  bound  by  the  procedure  laid  down  by  the  Code  of  Civil 
Procedure,  1908  (Act  5  of  1908)but  shall  be  guided  by  the  principle  of 
natural justice and shall have power to regulate their own procedure, and 
the Rent Court shall follow the following procedure, namely –

(a) the landlord or tenant may file an application (including 
electronic  filing)  before  the  Rent  Court  accompanied  by 
affidavits and documents, if any;

(b)  the Rent Court then shall  issue notice to the opposite 
party, (including electronic means)accompanied by copies of 
application, affidavits and documents;

(c) the opposite party shall file a reply (including electronic 
means)accompanied  by  affidavits  and  documents,  if  any, 
after serving a copy of the same to the applicant;

(d)  the  applicant  may file  a  rejoinder,(including  electronic 
filing)if any, after serving the copy to the opposite party;

(e) the Rent Court shall then fix a date of hearing and may 
hold such summary inquiry as it deems necessary. 

(2) In every case, before the Rent Court and the Rent Tribunal, the 
evidence of a witness shall be given by affidavit. However, the Rent Court 
and the Rent Tribunal,  where it  appears to it  that it  is necessary in the 
interest of justice to call a witness for examination or cross-examination, 
such witness can be produced and may order attendance for examination or 
cross-examination of such a witness.

Provided that the Rent Court or the Rent Tribunal may appoint an 
Advocate commissioner to examine and cross-examine any witness before it.

(3) The service of notices by the Rent Court or Rent Tribunal may be 
by registered post or through electronic mode or by any other manner as 
may be prescribed.

(4) Every application or appeal, so far as possible shall be in the model 
forms as may be prescribed.

(5)  The  Rent  Court  shall  not  ordinarily  allow  more  than  three 
adjournments at the request of a party throughout the proceedings and in 
case it decides to do so, it shall record the reasons for the same in writing 
and order the party requesting adjournment to pay three times the current 
minimum wages payable to a skilled worker.



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(6) (a) All applications under clause (a), (b), (c), (e), (f) and (h) of sub-
section  (2)  of  Section  21  shall  be  decided  within  90  days  of  filing  of 
application to the Rent Court.

(b) Applications under clauses (d) and (g) of sub-section (2) and sub-
section  (3)  of  Section  21  shall  be  decided  within  30  days  of  filing  of 
application to the Rent Court.

34. Powers of Rent Court and Rent Tribunal, - (1) The  Rent  Court  and 
the   Rent   Tribunal   for   the   purpose   of  Powers  of  discharging  their 
functions under their Act, shall have the same powers as Rent Court are 
vested in a civil court under the Code of Civil Procedure, 1908 for the and 
Rent purposes of,–

(a) summoning and enforcing the attendance of any person 
and examining him on oath;

(b) requiring the discovery and production of documents;

(c) issuing commissions for examination of the witnesses or 
documents;

(d) issuing commission for local investigation;

(e) receiving evidence on affidavits;

(f) dismissing an application or appeal for default or deciding 
it ex-parte;

(g) setting aside any order of dismissal of any application or 
appeal for default or any other order passed by it ex-parte;

(h)  execution  of  its  order  and  decisions  under  this  Act 
without reference to any civil court;

(i) reviewing its orders and decisions;

(j) any other matter which may be prescribed.

(2) Any proceedings before the Rent Court or Rent Tribunal shall be 
deemed to be a judicial proceedings within the meaning of sections 193 and 
228, and for the purpose of section 196, of the Indian Penal Code, 1860 (Act 
No.45 of 1860) and the Rent Court and the Rent Tribunal shall be deemed to 
be a civil court for the purposes of section 195 and Chapter XXVI of the 
Code of Criminal Procedure, 1973 (Act No.2 of 1974). 

(3)  For the purpose of holding any inquiry or discharging any duty 
under this Act, the Rent Court may –

(a)  after  giving  not  less  than  twenty-four  hours  notice  in 
writing,  enter  and  inspect  or  authorize  any  officer, 



19

subordinate to him, to enter and inspect, any premises at 
any time between sunrise and sunset;

(b)  by  written  order,  require  any  person  to  produce  for  his 
inspection such books or documents relevant to the inquiry, 
at such time and at such place as may be specified in the 
order.

(4) The Rent Court may, if it thinks fit, appoint one or more persons 
having special knowledge of the matter under consideration as an assessor 
or valuer to advise him in the proceeding before him.

(5) Any clerical or arithmetical mistake in any order passed by the 
Rent Court or any other error arising out of any accidental omission may, at 
any time, be corrected by the Rent Court on an application received by it in 
this behalf from any of the parties or otherwise.

(6) The Rent Court may exercise the powers of a Judicial Magistrate 
First Class for the recovery of the fine under the provisions of the Code of 
Criminal  Procedure,  1973  and the  Rent  Court  shall  be  deemed to  be  a 
Magistrate under the said code for the purposes of such recovery.

(7) An order made by a Rent Court or an order passed in appeal or 
review under this Chapter shall be executable by the Rent Court as a decree 
of a civil court and for this purpose, the Rent Court shall have the powers of 
a civil court.

(8)  The Rent Court may set  aside any order passed ex-parte if  the 
aggrieved party files an application and satisfies it that notice was not duly 
served or that  he  was prevented by any sufficient  cause  from appearing 
when the case was called for hearing.

(9) Save as otherwise expressly provided in this Act, every order made 
by the Rent Court shall, subject to decision in appeal, be final and shall not 
be  called  in  question  in  any  original  suit,  application  or  execution 
proceedings.

35. Appeal to the Rent Tribunal, - (1) From every final order passed by the 
Rent Court, an appeal shall lie to the Rent Tribunal, within the local limits, 
of whose jurisdiction the premises is situated and such an appeal shall be 
filed within a period of thirty days from the date of final order along-with 
copy of such final order( including means).

(2)  The Rent Tribunal,  upon filing  an appeal  under sub-section (1) 
shall  serve  notice,  (including  electronic  means)  accompanied  by  copy  of 
appeal to the respondent and fix a hearing not later than 30 days from the 
date of service of notice of appeal on the respondent and the appeal shall be 
disposed of within a period of one hundred and twenty days from the date of 
service of notice of appeal on the respondent. 

(3) Where the Rent Tribunal considers it necessary in the interest of 
arriving at a just and proper decision, it may allow documents at any stage 



20

of the proceedings in appeal, however, this facility would be available to the 
applicants only once during the hearing.

(4) The Rent Tribunal may in its discretion pass such interlocutory 
order during the pendency of the appeal, as it may deem fit. 

(5)  (a)  While deciding the appeal,  the Rent Tribunal  after recording 
reasons therefor confirm, set aside or modify the order passed by a Rent 
Court;

     (b) The decision of the Rent Tribunal shall be final and no further 
appeal or revision shall lie against the order.

(6) On application of any of the parties and after notice to the parties 
and after hearing such of them as have desired to be heard, or of its own 
motion without such notice, the Rent Tribunal may at any stage transfer 
any case from one Rent Court to any other Rent Court for disposal.

(7) Where any case has been transferred under sub-section (6), the 
Rent Court to whom the case has been transferred subject to any special 
direction in the order of transfer, proceed from the stage at which it was 
transferred.

36. Execution of the order, -(1) The Rent Court shall, on application of any 
party, execute in the manner prescribed, a final order of any other order 
passed under this Act by adopting any one or more of the following modes, 
namely:-

(a) delivery of possession of the premises to the person in 
whose favour the decision has been made;

(b)  attachment  and  sale  of  the  movable  or  immovable 
property of the opposite party;

(c)  attachment  of  any  one  or  more  bank accounts  of  the 
opposite party and satisfaction of the amount of order to be 
paid from such account;

(d) appointing any advocate or any other competent person 
including officers of the Rent Court or local administration 
or local body for the execution of the order.

(2) The Rent Court may take the help from the local government or 
local body or the local police for the execution of the final orders:

Provided that the help of police shall be obtained subject to payment 
of such costs by the litigants as may be decided by the Rent Court.

(3) The Rent Court shall conduct the execution proceedings in relation 
to  a  final  order  or  any  other  order  passed  under  this  Act  in  summary 
manner  and  dispose  of  the  application  for  execution  made  under  this 
section within 30 days from the date of service of notice on opposite party.



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CHAPTER-VII
APPOINTMENT OF RENT AUTHORITIES, 

THEIR POWERS, FUNCTIONS AND APPEALS

37. Appointment of Rent Authority, -The District Collector shall, with the 
previous approval of the State Government, appoint an officer, not below the 
rank of Deputy Collector to be the Rent Authority for the area within his 
jurisdiction to which this Act applies.

38. Powers and Procedure of Rent Authority, -  The Rent Authority shall 
have the same powers as are vested in Rent Court under the Act, in any 
proceeding under Sections 4, 9, 10, 14, 15 and 20 of the Act. The procedure 
as laid in section 33 and 36 of the Act shall be followed in disposal of such 
applications.

39. Appeals, -(1) An appeal shall lie against the order of the Rent Authority 
made under this Act to the Rent Court having territorial jurisdiction.

(2)  An appeal under sub-section (1)  shall  be preferred within thirty 
days  from the  date  of  the  order  made  by  the  Rent  Authority.   Save  as 
otherwise  expressly  provided  in  this  Act,  every  order  made  by  the  Rent 
Authority shall, subject to decision in appeal, be final and shall not be called 
in question in any original suit, application or execution proceeding.

CHAPTER-VIII
MISCELLANEOUS

40. Jurisdiction of civil courts barred in respect of certain matters, - (1) 
Save as otherwise provided in this Act, no civil court shall entertain any suit 
or proceeding in so far as it relates to the provisions of this Act.

(2) The  jurisdiction  of  the  Rent  Court  shall  be  limited  to  tenancy 
agreement submitted to it as per First Schedule and the question of title and 
ownership of premises shall not be entertained by it.

41. Court fees Act 7 of 1870, -  (1) The provisions of the Court-fees Act, 
1870 shall apply in respect of applications or appeals to be presented before 
the Rent Authority or Rent Court or Rent Tribunal, as the case may be;

(2) The applications for recovery of possession made to the Rent Court 
and the memorandum of appeals presented before the Rent Tribunal shall 
be treated as suits between the landlord and the tenant for the purposes of 
computation of court fees. 



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(3) The court fees on the application filed before the Rent Authority 
shall be same as of an interlocutory application presented in a civil court.

42. Members etc. to the public servants, - All members of Rent Authority, 
Rent Court and Rent Tribunal appointed under this Act shall be deemed to 
be public servants within the meaning of  Section 21 of  the Indian Penal 
Code, 1860( Act 45 of 1860).

43. Members etc. to function under the High Court, -  The members of 
Rent Court and Rent Tribunal shall function under the administrative and 
disciplinary control of the High Court. 

44.Protection of action taken in good faith,  - No suit,  prosecution or 
other legal proceeding shall lie against any Rent Authority or Rent Court or 
Rent Tribunal in respect of anything which is in good faith done or intended 
to be done in pursuance of this Act. 

45. Power to make Rules, -(1) The State Government may, by notification, 
make rules to carry out the provisions of this Act.

(2) Every rule made by the State Government, under this Act shall be 
laid,  as  soon  as  may  be  after  it  is  made,  before  each  House  of  state 
legislature, while it is in session, for a total period of fourteen days which 
may be comprised in one session or in two or more successive sessions, and 
if, before the expiry of the session immediately following the session or the 
successive  sessions  aforesaid,  both  Houses  agree  in  making  any 
modification in the rule or both Houses agree that the rule should not be 
made, the rule, shall thereafter have effect only in such modified form or be 
of no effect, as the case may be; so, however, that any such modification or 
annulment shall be without prejudice to the validity of anything previously 
done under that rule. 

46. Power to remove difficulties, - If any difficulty arises in giving effect to 
the  provisions  of  this  Act,  the  State  Government  may,  by  order,  not 
inconsistent with the provisions of this Act, remove the difficulty:

Provided that no such order shall be made after the expiry of a period 
of two years from the commencement of this Act.

47. Repeal and savings , -(1) The Andhra Pradesh Buildings (Lease, Rent 
and Eviction) control Act, 1960 (Act 15 of 1960) is hereby repealed.

(2) Notwithstanding such repeal and subject to the provisions of this 
Act  all  cases  and other  proceedings  under  the  said  Act  pending,  at  the 
commencement  of  this  Act,  shall  be  continued  and  disposed  of  in 
accordance  with  the  provisions  of  the  said  Act,  as  if  the  said  Act  had 
continued in force and this Act had not been passed:



23

Provided that the plaintiff within a period of 180 days of coming into 
force of this Act shall be entitled to withdraw any suit or appeal or any other 
proceeding  pending  under  the  repealed  Act  with  liberty  to  file  fresh 
application in respect of the subject matter of such suit or appeal or any 
other proceeding under and in accordance with the provisions of this Act, 
and for the purposes of limitation, such application if  it  is filed within a 
period of 270 days from the commencement of this Act be deemed to have 
been filed on the date of filing of the suit which was withdrawn and in case 
of withdrawal of appeal or other proceedings on the date on which the suit 
was filed out of which such appeal or proceeding originated.



24

THE FIRST SCHEDULE
(See Section 4)

Form of Tenancy Agreement

1 (a) Name & Address of the Land Lord
(b) Email-id
(c) Bank Account details
(d)  Permanent  account  number 
allotted by income tax department
(e) Aadhar number
(f) Property Tax Identification No.

:___________________________

2 (a)  Name & Address of  the Property 
Manager (if any)

__________________________

3 (a) Name(s) & Address of the Tenant
(b) email id
(c) Aadhar No.
(d) Bank account details     

:___________________________

4. Description of previous
     Tenancy, if any

:_________________________

5. Description of premises let to
The tenant including appurtenant
Land, if any

:__________________________

6. Date from which possession is
Given to the tenant

:________________________

7. Rent payable as in section 8 :________________________
8. Furniture and other equipment

Provided to the tenant Other charges
:________________________

9. Payable
(a) Electricity
(b) Water
(c) Extra furnishing fittings
And fixtures
(d) Other charges

:________________________
:________________________
:________________________
:________________________
:________________________

10. Attach rent / lease agreement, if
Any

:________________________

11. Duration of tenancy (Period
For which let)

:________________________

12. Revision of rent :________________________

Name and Signature
       of Landlord

Name and Signature
                                       Of Tenant



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THE SECOND SCHEDULE
(See Section 15 (1))

DIVISION OF MAINTENANCE RESPONSIBILITY BETWEEN 
THE LANDLORD AND THE TENANTS

As  per  Section  15,  the  landlord  shall  be  responsible  for  repairs 
relating to matters falling under Part A and the tenant shall be responsible 
for matters falling under Part B.

Part A
Responsibilities of the Landlord

1. Structural repairs except those necessitated by damage caused by the 
tenant.

2. Whitewashing of walls and painting of doors and windows.

3. Changing and plumbing pipes when necessary.

4. Internal and external electrical wiring and related maintenance when 
necessary.

Part B
Periodic repairs to be got done by the tenant

1. Changing of tap washers and taps

2. Drain cleaning

3. Water closet repairs

4. Wash Basin repairs

5. Bath tub repairs

6. Geyser repairs

7. Circuit breaker repairs

8. Switches and socket repairs

9. Repairs and replacement of electrical equipment except major internal 
and external wiring changes

10. Kitchen fixtures repairs

11. Replacement of knobs and locks of doors, cupboard, windows etc.

12. Replacement of flynets



26

13. Replacement of glass panels in windows, doors etc

14. Maintenance of gardens and open spaces let out to or used by the 
tenant.

THE THIRD SCHEDULE
(See Section 22)

SPECIAL CATEGORY OF LANDLORDS

Special category of landlords specified in Section 22 are as follows:-

1. Persons allotted residential premises by their employers and asked to 
vacate the same due to termination of service or change in rules or for 
any other reason.

2. Persons released or retired from Government Service including Armed 
Force or Air Force or Navy or Paramilitary Forces.

3. Widows, divorcees or single women.

4. Person with disabilities.

5. A person who is of the age of 60 years and above.

DUPPALA VENKATARAMANA,
Secretary to Government,

Legal and Legislative Affairs and Justice,
Law Department.