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laws and acts for residential houses of rent above 3500


28-Jul-2023 (In Civil Law)
Hi there, state rent control laws cover only residential houses with rent upto 3500rs. How about houses above this cut off? What is the remedy for a tenant who is paying 7000 rs rent and the greedy house owner wants to increase rent to 10000rs? Can the house owner put a case for recovery of rent under sec 29 of Karnataka HRC act?
Answers (1)

Answer #1
948 votes
Dear Sir,
The others must take shelter under section 106 of Transfer of Property Act. It is applicable only if the tenancy is 11 months period without registration. For others lease agreement must be registered.
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Section 106 in The Transfer of Property Act, 1882
1[106. Duration of certain leases in absence of written contract or local usage.—
(1) In the absence of a contract or local law or usage to the contrary, a lease of immovable property for agricultural or manufacturing purposes shall be deemed to be a lease from year to year, terminable, on the part of either lessor or lessee, by six months' notice; and a lease of immovable property for any other purpose shall be deemed to be a lease from month to month, terminable, on the part of either lessor or lessee, by fifteen days' notice.
(2) Notwithstanding anything contained in any other law for the time being in force, the period mentioned in sub-section (1) shall commence from the date of receipt of notice.
(3) A notice under sub-section (1) shall not be deemed to be invalid merely because the period mentioned therein falls short of the period specified under that sub-section, where a suit or proceeding is filed after the expiry of the period mentioned in that sub-section.
(4) Every notice under sub-section (1) must be in writing, signed by or on behalf of the person giving it, and either be sent by post to the party who is intended to be bound by it or be tendered or delivered personally to such party, or to one of his family or servants at his residence, or (if such tender or delivery is not practicable) affixed to a conspicuous part of the property.]

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