Comparative Analysis of The Delhi Rent Control Act, 1958 & The

Karnataka Rent Control Act, 2001

1. The assent date of The Delhi Rent Control Act, 1958 is “31 st December 1958”.
While,
 The assent date of The Karnataka Rent Control Act, 2001 is “22 nd November
2001”.
2. The Enforcement date of the Delhi Rent Control Act, 1958 is 9 th February 1959.
While,
 The Enforcement date of the Karnataka Rent Control Act is “31 st December
2001”.

 Brief Features of the Analysis

1. Restricting Revision of Rent (Delhi)
a. Section 6 :- Standard Rent- The determination of the standard rent is one of
the key provisions under the Delhi Rent Control Act. The Standard rent is
legally fixed rent for any property, based on several factors such as the cost of
construction, the location of the property, and the date of construction.
According to Section 6 of the Act, rent can be revised in a manner that aligns
with this standard rent, and any charge beyond this set rate is considered
unlawful. The standard rent is calculated on the basis of –
i. The market value of the land on which the property is built.
ii. The cost of construction incurred by the landlord.
iii. Depreciation of the building over time.
iv. In case of repairs or improvements, the additional cost involved in enhancing
the value of property.
 By this it helps maintain fairness and transparency in the landlord-tenant
relationship.

b. Section 7: Permissible Increases in Rent

While the Delhi Rent Control Act largely prohibits frequent and excessive rent
hikes, it does provide certain exceptions that allow landlords to increase rent
under specific conditions.
i. Increased Property Taxes: If a municipal or government body increases
property taxes on the rented premises, landlords can proportionally increase the
rent. The tenant would bear a portion of the additional tax as part of their rental
agreement. However, this increase must correspond to the exact tax hike and
cannot exceed it.
ii. Improvement or Addition to the Property: If the landlord has carried out any
structural improvements or additional construction on the property, they may
revise the rent, but only to the extent of covering the cost incurred by such
enhancements. This revision requires a formal application to the Rent
Controller, who assesses the legitimacy and reasonableness of the proposed
increase.
iii. Changes in Legislation: If any changes in laws or government policies affect
the rent structure or require landlords to bear additional costs (such as new
safety regulations or environmental measures), these may justify an increase in
rent.

In all of these cases, rent increases are not automatic. The landlord must file an
application with the Rent Controller, providing evidence to justify the requested
revision.

c. Section 8: Notice for Rent Increase

According to Section 8 of the Act, if a landlord intends to increase the rent
within the permissible limits, they are required to serve a notice of at least one
 month to the tenant, specifying the revised amount and the effective date of the
increase. This provision ensures that tenants have adequate time to prepare for
or contest any proposed increase before it is enforced. If the tenant believes the
rent hike is unjust, they have the right to approach the Rent Controller for relief .
d. Section 9: Recovery of Rent in Excess
The Act empowers tenants to approach the court if the landlord charges rent
higher than the standard rent fixed by the Rent Controller. Under Section 9, any
excess rent paid by the tenant can be recovered through legal action, and the
tenant may be entitled to a refund of the overpaid amount. The Rent Controller
has the authority to order landlords to refund such overpayments, protecting
tenants from being exploited through excessive rent demands.

e. Section 12: Exemptions and Relaxations

While the Act generally controls rent revisions, Section 12 provides certain
exemptions. For example, properties leased after 1988 with monthly rents
exceeding Rs. 3,500 are not governed by the provisions of the Act. In such
cases, the parties are free to negotiate rent increases without the restrictions
imposed by the Act. This exemption aims to reflect the changing economic
realities and inflationary trends, providing more flexibility for high-end
properties and luxury rentals.

Additionally, newly constructed buildings are also exempt from rent control for
a specified period, allowing landlords to recover their investments in the
property. This is an incentive for property development and construction,
encouraging landlords to invest in new housing units without the immediate
constraint of rent control.
  Restricting Revision of rent (Karnataka)
It governs the relationship between landlords and tenants in the state of
Karnataka, with a focus on balancing their interests. One key provision of the
Act relates to the restriction on the revision of rent, which seeks to provide
protection to tenants from arbitrary or frequent rent increases while allowing
landlords to make reasonable adjustments.
a. Section 4: Determination of Fair Rent
The initial rent for a property is often agreed upon by the landlord and the
tenant at the time of entering into a lease agreement. In some cases, the Act
prescribes that the rent should be fixed by mutual consent or market trends. If
there is a dispute, a rent control court may determine the fair rent based on
various factors like the location of the property, amenities, and the market
conditions. Once this rent is fixed, it cannot be revised frequently or arbitrarily.
b. Rent Revision Permitted After a Specific Time Period
According to the provisions of the Act, landlords are permitted to revise the rent
after the expiry of a certain period, typically five years from the commencement
of the tenancy. During this period, the landlord cannot increase the rent, even if
there are changes in market conditions. This provides tenants with a stable
rental environment without worrying about sudden rent hikes. The law,
however, allows for rent escalation after this period, which must be reasonable
and based on certain specified conditions.
c. Factors Considered for Rent Revision
The Karnataka Rent Act allows for the revision of rent based on certain
legitimate factors, which include:
i. Improvement in Property Conditions: If the landlord has carried out
significant improvements, additions, or structural repairs to the property, they
are entitled to a reasonable increase in rent. However, these improvements
should not be routine repairs and must substantially enhance the property's
value or facilities available to the tenant.
ii. Rise in Property Taxes or Other Statutory Charges: If there has been an
increase in property taxes, municipal charges, or other statutory obligations, the
landlord may be allowed to proportionally revise the rent. The increase in rent
should only cover the additional financial burden caused by these statutory
changes.
iii. Change in Market Conditions Post Five Years: After the initial period of five
years, landlords can revise rent based on changes in market conditions.
However, the law restricts arbitrary increases. The increase should be in line
with market trends, but the revision is capped to avoid excessive escalation that
could be exploitative.

d. Procedure for revision of rent

For landlords to increase rent, they must follow a certain procedure as outlined
in the Act:
i. Notice Period: The landlord must give a written notice to the tenant about the
proposed rent increase. The notice should be served well in advance, giving the
tenant sufficient time to make necessary arrangements or object to the revision.
ii. Tenant’s Right to Object: Tenants have the right to challenge any increase in
rent by filing a petition with the Rent Control Court. The court will examine the
factors behind the proposed increase and decide whether the revision is
justified. Until the court makes a decision, the rent will remain unchanged.

2. Conditions of Eviction (Delhi)

A. Section 14 - Protection of Tenants Against Eviction
Section 14 is the key provision under the Act that protects tenants from eviction.
However, it also lists the exceptions where a landlord may evict a tenant. The
following are the grounds under which eviction can be sought:
i. Section 14(1)(a) – Non-payment of Rent
If the tenant has not paid rent for three consecutive months and fails to clear the
arrears within two months after receiving a notice from the landlord, the
landlord can seek eviction.
ii. Section 14(1)(b) – Subletting without Permission
Eviction can be sought if the tenant has sublet, assigned, or parted with
possession of the premises without the consent of the landlord in writing.
iii. Section 14(1)(c) – Misuse of Premises
If the tenant uses the premises for purposes other than those for which it was
rented (e.g., converting a residential property into a commercial establishment),
and despite being warned, continues with the misuse, the landlord can initiate
eviction proceedings.
iv. Section 14(1)(d) – Non-occupation by Tenant
The landlord can seek eviction if the tenant has ceased to occupy the premises
continuously for six months without reasonable cause.
v. Section 14(1)(e) – Bonafide Requirement of Landlord
If the premises are required by the landlord for their own residence or for that of
their family members, they can evict the tenant. This provision is often invoked
when landlords want to regain possession for personal use.
vi. Section 14(1)(f) – Dilapidation or Material Alterations
If the tenant has caused substantial damage to the premises or made structural
alterations without the landlord’s consent, the landlord can file for eviction.
vii. Section 14(1)(g) – Breach of Conditions
Eviction can be sought if the tenant has violated any of the conditions under the
lease agreement.
viii. Section 14(1)(h) – Eviction Under Public Interest
If the premises are required by the government or local authority for public
purposes such as road widening or other public works, the tenant can be evicted.
ix. Section 14(1)(i) – Landlord Needing Premises for Repairs
 If the premises are in a state of disrepair, and the landlord needs possession to
carry out repairs that cannot be done with the tenant in residence, eviction can
be sought.
x. Section 14(1)(j) – Rebuilding or Demolition
Eviction can be sought if the landlord intends to demolish or rebuild the
property, provided they obtain the necessary approvals from local authorities.
xi. Section 14(1)(k) – Contravention of Local Laws
If the tenant has used the property in a way that contravenes the conditions
imposed by local authorities (for example, using a residential premises for
commercial purposes in violation of zoning laws), eviction may be sought.
xii. Section 14(1)(l) – Tenant Acquiring Alternative Accommodation
If the tenant has acquired a suitable alternative accommodation, the landlord can
seek eviction on this ground.

B. Section 14A: Special Right to Recover Possession in Case of Government

Employee
This section provides a special provision for government employees who are
required to vacate government-provided accommodation. If a landlord or their
dependent is a government employee who is asked to vacate their official
residence, they are entitled to immediate possession of their rented premises.
C. Section 14B – Recovery of Possession for Retired Landlords
A landlord who is a retired member of the armed forces, central government, or
public sector undertakings can recover possession of their property if they
require it for their own use.
D. Section 14C – Right of Eviction for Certain Landlords (e.g., Landlords Returning from
Abroad)- This section allows landlords who have been living outside India and

have returned to India for permanent residence to evict tenants from their
premises for personal use.
 E. Section 14D – Eviction for Senior Citizens
A landlord who is a widow, widower, or senior citizen can recover possession of
their property if it is required for their own residence.
F. Section 15 – Deposit of Rent in Case of Eviction for Non-payment
Section 15 provides that if eviction is sought for non-payment of rent, the court
may allow the tenant to deposit the due rent within a stipulated time. If the
tenant deposits the rent, the eviction order may not be passed.

G. Section 19 – Eviction for False Claims

If the landlord has sought eviction under false grounds, such as falsely claiming
personal need or misrepresentation, the court may disallow the eviction and
impose penalties.

2.1. Conditions of Eviction (Karnataka)

A. Grounds of Eviction
This is a critical section that lists specific grounds under which a landlord can
seek eviction of a tenant. These grounds include:
i. Non-payment of Rent: If the tenant has defaulted in the payment of rent for a
specified period (usually two months or more) and has not paid the due rent
despite a demand notice.
ii. Subletting or Unlawful Assignment: If the tenant has sublet, assigned, or
transferred the premises without the consent of the landlord, eviction can be
sought.
iii. Misuse of Premises: If the tenant has used the premises for purposes other than
for which it was let, or if it is misused in a manner detrimental to the interests of
the landlord (e.g., illegal activities), the landlord can seek eviction.
iv. Damage to the Premises: If the tenant causes damage to the premises resulting
in a decrease in its value or usability, this constitutes a ground for eviction.
v. Tenant’s Act of Nuisance: If the tenant or any person living with him creates a
nuisance or does an act that is harmful to the health, safety, or moral well-being
of others in the locality.
vi. Building Requires Major Repairs: Eviction can be sought if the building is
old and requires repairs or alterations that cannot be carried out without
vacating the premises.
vii. Landlord Requires the Premises for Own Use: If the landlord requires the
premises for their own bona fide occupation, or for that of a family member,
they may seek eviction, provided they do not own another reasonably sufficient
accommodation.
viii. Tenant’s Conduct: If the tenant denies the title of the landlord, challenges
ownership, or tries to establish themselves as the owner, eviction can be sought.
ix. Eviction for Reconstruction: In some cases, if the building is old and
dilapidated, and the landlord desires to demolish the building and reconstruct,
they may ask for eviction, subject to conditions.
x. Non-occupancy: If the tenant, without reasonable cause, has ceased to occupy
the premises continuously for a period of six months, eviction can be sought.
xi.
B. Section 31: Eviction for Own Use
This section further clarifies the conditions under which a landlord can seek
eviction if the premises are needed for their own use. Courts evaluate whether
the need is bona fide and whether the landlord or a family member genuinely
requires the premises for personal use, and not for commercial leasing.
C. Section 33: Eviction for Public Interest
This section allows eviction of tenants if the property is required for public
purposes. For example, if the premises are needed for a government project or
any public utility purpose, the landlord can claim eviction on this ground.
 3. Rights of Tenants (Karnataka)
A. Rights of Tenant(Section 5-8)
i. Section 5: Landlords are prohibited from charging excessive rent beyond what
is legally fixed.
ii. Section 6: The tenant can approach the Rent Control Court if the landlord
demands rent higher than the standard rent fixed by the Rent Controller.
iii. Section 7: Tenants have the right to pay rent according to the agreed or standard
rate. If a dispute arises regarding the rent amount, tenants can deposit the rent
with the court.
iv. Section 8: Tenants can claim a refund of the rent paid in excess of the fixed
rent.

B. Repairs and Maintenance (Sections 14-15)

i. Section 14: The landlord is responsible for the maintenance and repairs of the
property. However, if the tenant has to carry out repairs due to negligence by the
landlord, they can deduct the repair costs from the rent.
ii. Section 15: If the landlord fails to maintain the premises in a habitable
condition, tenants have the right to demand repairs and improvements.

C. Subletting and Assignment (Section 16)

Tenants are prohibited from subletting the premises without the consent of the
landlord. However, if the tenancy agreement allows subletting, tenants have the
right to sublet.

D. Rights Regarding Lease Renewal (Section 17)

 The Act provides that upon the expiry of a lease, tenants have a right to renewal
of the tenancy under similar terms and conditions unless the landlord can
establish grounds for eviction.

E. Fair Rent Determination (Sections 18-20)

i. Section 18: Tenants have the right to apply to the Rent Controller for a fair
determination of rent if they believe the rent being charged is excessive.
ii. Section 19: Once the Rent Controller fixes the fair rent, tenants are protected
from rent increases beyond what is allowed under the Act.
iii. Section 20: The Act prescribes guidelines for periodic increases in rent to
ensure that tenants are not subject to arbitrary rent hikes.

F. Succession Rights (Section 21)

In the event of the tenant's death, certain family members who were residing
with the tenant at the time of death have the right to continue occupying the
rented premises.
G. Protection from Unlawful Disconnection (Section 22)
Tenants have the right to uninterrupted access to essential services like water,
electricity, and gas. A landlord cannot disconnect these services to force the
tenant to vacate the premises.
H. Dispute Resolution (Section 26)
In case of disputes between the tenant and the landlord, tenants have the right
to approach the Rent Control Court for redressal of their grievances. The court
will decide the case based on the facts and provisions of the Act.

3.1. Rights of Tenants (Delhi)

A. Section 14A: Right to Recover Immediate Possession

Even though landlords can recover immediate possession under certain

circumstances (e.g., if they are a government employee and need the property
 for personal use), tenants still retain the right to remain until a court order is
issued.
B. Section 19: Re-entry of Tenant

If a tenant is evicted on grounds of the landlord requiring the premises for

personal use, but the landlord does not occupy the premises, the tenant has the
right to re-enter and reclaim the property.
C. Section 20: Right of Tenant to Recover Premises

If the landlord wrongfully evicts a tenant, the tenant has the right to apply to
the court for recovery of possession. The court can order the landlord to restore
possession to the tenant.
D. Section 22: Recovery of Possession for Repairs

Tenants cannot be evicted merely for repairs. The landlord must make
alternative arrangements for the tenant during the repair period, and once repairs
are completed, the tenant has the right to reoccupy the premises.

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