Tamil Nadu Regulation of Rights and Responsibilities of Landlords and Tenants Act, 2017 - Vocabulary & Key Provisions

Vocabulary and key legal concepts extracted directly from the text of the Tamil Nadu Regulation of Rights and Responsibilities of Landlords and Tenants Act, 2017.

Tamil Nadu Regulation of Rights and Responsibilities of Landlords and Tenants Act, 2017

An Act (Tamil Nadu Act 42 of 2017) to establish a framework for the regulation of rent, balance rights and responsibilities of landlords and tenants, and provide a fast adjudication process for dispute resolution.

Enactment Date of Tamil Nadu Act 42 of 2017

4th August 2017.

Enforcement Date of Tamil Nadu Act 42 of 2017

22nd February 2019 (vide G.O. Ms. No.35, H&UD (HB4)).

Extent of the Act (Section 1(2))

It shall extend to all urban areas of the State of Tamil Nadu.

Application to Panchayat Areas

Came into force in all Villages in the State as defined in clause (36) of section 2 of the Tamil Nadu Panchayats Act, 1994 with effect from 4th February 2021.

Agreement / Tenancy Agreement (Section 2(a))

The written agreement executed by the landlord and the tenant as required under the Act, including a sub-tenancy agreement and sub-lease agreement.

Landlord (Section 2(c))

A person who receives or is entitled to receive the rent of any premises on his own account, including successors-in-interest, trustees, guardians, or receivers receiving rent on behalf of persons such as minors or persons of unsound mind.

Local Authority (Section 2(d))

A town panchayat or municipality constituted under the Tamil Nadu District Municipalities Act, 1920, a municipal corporation, or a cantonment board constituted under the Cantonments Act, 2006.

Person with Disability (Section 2(e))

Has the same meaning as assigned to it in clause (s) of section 2 of the Rights of Persons with Disabilities Act, 2016 (Central Act 49 of 2016).

Premises (Section 2(f))

Any building or part of a building let separately for residence or commercial use (except premises registered under the Factories Act, 1948), including garden, grounds, out-houses, and fittings, but excluding hotels, lodging houses, dharamshalas, or inns.

Property Manager (Section 2(h))

A person or company employed by the landlord to manage the premises and represent the landlord in dealings with the tenant.

Rent Authority (Section 2(i))

An officer appointed under section 30 of the Act.

Rent Court (Section 2(j))

A Rent Court constituted under section 32 of the Act.

Rent Tribunal (Section 2(l))

The Rent Tribunal constituted under section 35 of the Act.

Sub-tenant (Section 2(mm))

A person to whom the tenant sub-lets whole or part of the premises held by him, or transfers or assigns his rights accrued under the tenancy agreement.

Tenant (Section 2(n))

A person by whom or on whose account/behalf rent is payable under an express or implied contract, including sub-tenants and persons continuing in possession after tenancy termination, but excluding persons against whom an eviction order/decree has been made.

Urban Area (Section 2(o))

Areas that fall under the jurisdiction of either the Municipal Corporation, Municipality, Town Panchayat, or Cantonment Board.

Execution Period for Pre-existing Tenancies (Section 4(2))

Within a period of five hundred and seventy five days from the date of commencement of the Act.

Timeframe for Registration by Rent Authority (Section 4(4))

Within thirty days of receipt of the application, the Rent Authority shall register the agreement and provide a Registration Number.

Website Upload Requirement (Section 4(6))

The Rent Authority shall upload the tenancy details, name of parties, premises details, tenure, and registration number on its website within fifteen days from the date of registration.

Effect of Non-registration (Section 4-A)

An unregistered document shall not affect any immovable property, confer any power to adopt, or be received in evidence of any transaction affecting such property or conferring any right.

Deemed Renewal of Fixed-Term Tenancy (Section 5(3))

If an unrenewed fixed-term tenancy ends without vacant possession or demand of possession, it is deemed renewed on a month-to-month basis for a maximum period of six months.

Order of Inheritance upon Tenant's Death (Section 6(2))

Tenancy rights devolve for the remaining period to: (a) spouse; (b) sons, daughters, or widowed daughters-in-law of a pre-deceased son; (c) surviving parent(s), provided they ordinarily lived or worked in the premises with the deceased tenant up to death.

Notification of Sub-tenancy (Section 7(2))

The landlord and tenant shall jointly inform the Rent Authority about the sub-tenancy within a period of two months from the date of execution of the supplementary agreement.

Notice Period for Rent Revision (Section 9(2))

The landlord shall give a written notice three months before the revised rent becomes due, unless otherwise agreed in the tenancy agreement.

Effective Date for Improvement Rent Increase (Section 9(6))

Rent increase agreed upon for structural alterations or improvements becomes effective one month after the completion of work.

Security Deposit Limit (Section 11(1))

Save an agreement to the contrary, it shall be unlawful to charge a security deposit in excess of three times the monthly rent.

Provision of Registered Agreement to Tenant (Section 12)

The landlord shall give one original signed and registered agreement to the tenant within fifteen days of registration with the Rent Authority.

Deposit of Rent with Rent Authority (Section 14(1))

If rent sent via postal money order or prescribed method is not accepted for two consecutive months, the tenant shall deposit the rent with the Rent Authority.

Legal Effect of Rent Withdrawal (Section 14(4))

Withdrawal of deposited rent shall not operate as an admission against the person withdrawing it regarding the correctness of rent or any other fact stated by the tenant.