Introduction
The Andhra Pradesh Rent Control Act, officially known as the Andhra Pradesh Buildings (Lease, Rent and Eviction) Control Act, 1960, was enacted to regulate the rental housing market, protect tenants from arbitrary eviction, and ensure a fair rent structure. With the increasing urban population and demand for housing, especially in cities like Hyderabad, Visakhapatnam, and Vijayawada, this law plays a crucial role in balancing the rights of both landlords and tenants.
Objectives of the A.P. Rent Control Act
- To prevent unjust eviction of tenants.
- To regulate rent amounts and prevent exploitation.
- To define and protect the duties and rights of landlords and tenants.
- To provide legal remedies in case of disputes.
Salient Features of the A.P. Rent Control Act
1. Applicability
- Applies to residential and non-residential buildings and lands in Andhra Pradesh.
- Excludes government properties and certain public institutions.
2. Fixation of Fair Rent (Section 4)
- Rent Controllers are empowered to fix ‘fair rent’.
- Based on:
- Cost of construction
- Market value of the site
- Location and amenities
- Once fixed, the landlord cannot increase rent arbitrarily.
3. Protection Against Eviction (Section 10)
Tenants cannot be evicted unless the landlord proves specific grounds such as:
- Wilful default in rent payment
- Subletting without consent
- Use of premises for illegal purposes
- Landlord’s personal requirement of the property
- Building becoming unsafe or unfit for use
4. Eviction Procedure
- The landlord must apply to the Rent Controller for eviction.
- No eviction without legal proceedings and Rent Controller’s approval.
5. Obligation to Pay Rent (Section 8)
- Tenant must pay rent regularly on the due date.
- If landlord refuses to accept rent, tenant may deposit it with the Rent Controller.
6. Right to Re-possession
- If the landlord reclaims the property citing personal use, and fails to occupy within 2 months, tenant can apply for repossession.
7. Appeals and Revisions
- Any party aggrieved by the Rent Controller’s decision can file an appeal within 15 days to the appellate authority.
- Further revision lies with the High Court.
Rights and Duties of the Landlord
Rights of the Landlord:
- Right to Receive Rent: From the tenant on or before the agreed due date.
- Right to Evict: Under legally valid grounds through Rent Controller.
- Right to Fair Rent: Can apply for rent revision based on new developments or improvements.
- Right to Inspect: The premises with prior notice to check misuse or damage.
- Right to Re-occupy: If the property is required for personal use or repairs.
Duties of the Landlord:
- Provide Possession: Peaceful possession of the premises.
- Maintain the Premises: Structural repairs and essential services must be ensured.
- Avoid Harassment: No unlawful eviction or pressure tactics.
- Refund Deposit: Timely return of the security deposit after tenant vacates.
- Compliance with Fair Rent Rules: No overcharging of rent.
Rights and Duties of the Tenant
Rights of the Tenant:
- Right to Occupy: Peaceful and undisturbed use of the property.
- Right Against Illegal Eviction: Can’t be evicted without due process.
- Right to Deposit Rent: If landlord refuses to accept rent.
- Right to Repairs: Can demand essential repairs or make them and deduct from rent with permission.
- Right to Repossession: If landlord doesn’t occupy after eviction.
Duties of the Tenant:
- Pay Rent Timely: As agreed or as per order of Rent Controller.
- No Unauthorized Subletting: Without landlord’s consent.
- Proper Use of Premises: No illegal or hazardous use.
- Return Possession Peacefully: After tenancy ends or on eviction.
- No Alterations: Without landlord’s permission.
Key Legal Provisions and Sections
| Section | Provision |
|---|---|
| Section 4 | Fixation of Fair Rent |
| Section 8 | Payment and Deposit of Rent |
| Section 10 | Protection against Eviction |
| Section 11 | Landlord’s right to recover possession |
| Section 12 | Tenant’s right to recover possession |
| Section 18 | Appeals process |
| Section 22 | Revision by High Court |
Relevance and Significance Today
The A.P. Rent Control Act has been a cornerstone in balancing housing needs. While it protects tenants from exploitation, it has also faced criticism for:
- Discouraging private investments in rental housing.
- Long litigation processes.
- Outdated provisions needing modernization in urban contexts.
Today, real estate reforms and Model Tenancy Acts aim to replace or supplement such older rent laws to suit the evolving housing sector.
Memory Code Table – “R.E.N.T.A.L.”
| Code | Stands for |
|---|---|
| R | Regulation of Rent – Fair Rent under Section 4 |
| E | Eviction Protection – Legal grounds only, under Section 10 |
| N | No Arbitrary Increase – Once fair rent fixed |
| T | Tenant Rights – Peaceful possession, no illegal eviction |
| A | Appeals & Revisions – Appeal to Appellate Authority and High Court |
| L | Landlord Duties – Maintenance, deposit return, no harassment |
