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Andhra Pradesh · 2018 · Bare Act
The Andhra Pradesh Residential and Non-Residential Premises Tenancy Act, 2017.
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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
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TENANCY
4. Tenancy agreement. od
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5. Period of Tenancy.
6. Inheritability of Tenancy.
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7. Restricting on subletting.
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CHAPTER III
RENT
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
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30. Constitution of Rent Court.
31. Constitution of Rent Tribunal.
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32. Jurisdiction of Rent Court and Rent Tribunal.
33. Procedure of Rent Court and Rent Tribunal.
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34. Powers of Rent Court and Rent Tribunal.
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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
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THE ANDHRA PRADESH RESIDENTIAL AND NON-RESIDENTIAL
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PREMISES TENANCY ACT, 2017
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(ACT No.10 of 2018)
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(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
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of, or for the benefit of, any other person or as a trustee,
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guardian or receiver of any person or who would so receive
the rent or be entitled to receive the rent, if the premises
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were let to a tenant, and shall include his successor-in-
interest;
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(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
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commencement of this Act; but shall not include any person
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against whom any order or decree for eviction has been
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made;
(m) “Urban Area” means the areas that fall under the
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jurisdiction of either the Municipal Corporation or the
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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
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of this Act –
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(a) an agreement in writing was already entered into it shall
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be registered or notarized within six months of the
commencement of this Act if it is not registered or notarized.
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(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 –
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(a) subject whole or part of the premises held by him as a
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tenant;
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(b) transfer or assign his rights in the tenancy agreement or
any part thereof.
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(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
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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.
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(6) Where the landlord, after the commencement of tenancy and with
agreement with the tenant has incurred expenditure on account of
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improvement, addition or structural alteration in the premises occupied by
the tenant, which does not include repairs necessary to be carried out under
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section 15, the landlord may increase the rent of the premises by an amount
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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.
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14. Credit of rent to the account of landlord, -(1) Where the landlord does
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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
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transfer to his bank account or any other method as may be prescribed.
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(2) Whenever there is bona-fide doubt about the person or persons to
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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 –
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(a) not intentionally or negligently damage the premises or
permit such damage;
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(b) notify the landlord of any damage as soon as possible;
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(c) take reasonable care of the premises and its contents and
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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
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(i) proper maintenance of the premises,
(ii) delay in payment of rent;
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(iii) revision of rent;
(iv) vacation of premises;
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(v) renewal of tenancy;
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(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).
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(2) The Rent Court shall, on an application made to it in the manner
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prescribed, make an order for the recovery of possession of the premises on
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one or more of the following grounds, namely:-
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(a) that the landlord and tenant have failed to agree to the
rent payable under section 8;
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(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
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entered between them in writing which shall be registered or
notarized.
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Provided further that re-entry of the tenant shall not be
allowed in the absence of such mutual agreement and also
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in cases where the tenant has absence of such written
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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
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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
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and thereafter it shall be thrice the monthly rent.
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24. Refund of advance rent by the landlord, -(1) the period of first six
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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
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(d) make such other orders as it thinks fit in the
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circumstances of the case.
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28. Vacant possession of landlord, - Notwithstanding anything contained
in any other law for the time being in force, where the interest of a landlord
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in any premises is determined for any reason whatsoever and any order is
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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.
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(2) Where two or more Rent Tribunals are constituted for any area, the
State government may, by general or special order, regulate the distribution
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of business among them.
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(3) The Rent Tribunal shall consist of one person only (here after
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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;
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(d) the applicant may file a rejoinder,(including electronic
filing)if any, after serving the copy to the opposite party;
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(e) the Rent Court shall then fix a date of hearing and may
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hold such summary inquiry as it deems necessary.
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(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;
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(c) issuing commissions for examination of the witnesses or
documents;
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(d) issuing commission for local investigation;
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(e) receiving evidence on affidavits;
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(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,
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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
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Magistrate under the said code for the purposes of such recovery.
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(7) An order made by a Rent Court or an order passed in appeal or
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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
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a civil court.
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(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
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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
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direction in the order of transfer, proceed from the stage at which it was
transferred.
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36. Execution of the order, -(1) The Rent Court shall, on application of any
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party, execute in the manner prescribed, a final order of any other order
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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
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as laid in section 33 and 36 of the Act shall be followed in disposal of such
applications.
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39. Appeals, -(1) An appeal shall lie against the order of the Rent Authority
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made under this Act to the Rent Court having territorial jurisdiction.
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(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.
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45. Power to make Rules, -(1) The State Government may, by notification,
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make rules to carry out the provisions of this Act.
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(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
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legislature, while it is in session, for a total period of fourteen days which
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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:
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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.
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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
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4. Description of previous :_________________________
5.
Tenancy, if any
Description of premises let to od
:__________________________
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The tenant including appurtenant
Land, if any
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6. Date from which possession is :________________________
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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 Name and Signature
of Landlord 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.
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3. Changing and plumbing pipes when necessary.
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Internal and external electrical wiring and related maintenance when
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necessary.
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Part B
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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
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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.
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3. Widows, divorcees or single women.
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4. Person with disabilities.
5. A person who is of the age of 60 years and above.
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DUPPALA VENKATARAMANA,
Secretary to Government,
Legal and Legislative Affairs and Justice,
Law Department.