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Status of tenancy A tenant can be a contractual tenant or a statutory tenant.
A contractual tenant is someone who occupies the premises and is entitled to the possession of the premises during the term of the contract. While a statutory tenancy comes into existence where a contractual tenant retains possession after the contract is terminated.
In your case, considering that you have exercised the option to extend your tenancy, the rental agreement stands automatically extended for another two years, thereby making you a contractual tenant. Fixation of fair rent As your landlord has agreed not to increase the rent during the extended tenancy, his demand for an increase in rent is unjustified.
However, the landlord will be entitled to approach a Rent Control Court to fix fair rent for the building even during the term of the rental agreement.
The fair rent for a residential building is a percentage 9 per cent of the total value of the building which consists of the market value for a portion of the land, cost of construction as per rates fixed by the Public Works Department and value of amenities subject to a maximum of 15 per cent of the cost of the site but subject to depreciation, depending on the age of the building.
If such fair rent is greater than the existing rent, then despite the contractual understanding, you will be required to pay the fair rent fixed by Court. Rights of tenant Under law and as decided in numerous judgments, it is unlawful for a landlord to disconnect essential services such as electricity and water or restrict a tenant from using common amenities for recovery of rental dues or for other reasons.
If a landlord indulges in such activities, the tenant may approach the Rent Control Court to restore essential services and take action against the landlord.
It is recommended that you do not stop paying rent to the landlord for any reason. If the landlord fails to accept rent, first issue a notice in writing to the landlord, asking for details of a bank into which the tenant can directly deposit the rent to the credit of the landlord. If the landlord fails to respond, send the rent via money order to the landlord.
If this attempt to pay the rent also fails, you should immediately file an application before a Rent Control Court to deposit further rents in Court. CS1 errors: Archived copy as title Webarchive template wayback links Use dmy dates from November Use Indian English from November All Wikipedia articles written in Indian English Pages using deprecated image syntax Pages using infobox Indian state government with unknown parameters Articles containing Tamil-language text.
Banwarilal purohit. Edappadi K.
Tamil Nadu Legislative Assembly. Bharathidasan University.
Madurai Kamaraj University. Manonmaniam Sundaranar University. Mother Teresa Women's University. Tamil Nadu Dr.