Introduction to Haryana Urban (Control of Rent and Eviction) Act, 1973. RIGHT & DUTIES of Tenants and Landlords

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LAND LAWS, TENANCY & PANCHAYAT
LAWS
ASSIGNMENT
TOPIC: HARYANA RENT CONTROL
ACT(1973)
NAME: Mohit Dua
CLASS: B.a.LLB. 10th
Sem.
ROLL NO. 3176 (section. A)

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INTRODUCTION
An Act to control the increase of rent of certain buildings and rented land
situated within the limits of urban areas, and the eviction of tenants therefrom.
Be it enacted by the Legislature of the State of Haryana in the Twenty-fourth
Year of the Republic of India Received the assent of the Governor of Haryana on
the 25th April, 1973, and first published in Haryana Government Gazette
(Extraordinary) Legislative Supplement Part I of 27th April, 1973.
1. This Act may be called the Haryana Urban (Control of Rent and Eviction)
Act, 1973.
2. It shall extend to all urban areas in Haryana but nothing herein contained
shall apply to any cantonment area.
DEFINITION
a. BUILDING: means any building or a part of building let for any purpose
whether being actually used for that purpose or not, including any land,
go-downs, out-houses, gardens, lawns, wells or tanks appurtenant to such
building or the furniture let therewith or any fittings affixed to or
machinery installed in such building, but does not include a room in a
hotel, hostel or boarding house.
b. CONTROLLER: means any person who is appointed by the State
Government to perform the functions of a Controller under this Act.
c. LANDLORD: means any person for the time being entitled to receive
rent in respect of any building or rented land whether on his own account
or on behalf, or for the benefit, of any other person, or as a trustee,
guardian, receiver, executor or administrator for any other person, and
includes a tenant who sublets any building or rented land in the manner
hereinafter provided, and every person from time to time deriving title
under a landlord.
d. NON-RESIDENTIAL BUILDING: means a building being used-
i. mainly for the purpose of business or trade; or
ii. partly for the purpose of business or trade and partly for the
purpose of residence, subject to the condition that the person who
carries on business or trade in the building resides there :
Provided that if a building is let out for residential and non-residential purposes
separately to more than one person, the portion thereof let out for the purpose
of residence shall not be treated as a non-residential building.
In simple words, Where a building is used mainly for the purpose of business or
trade, it shall be deemed to be a non-residential building even though a small
portion thereof is used for the purpose of residence.

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e. RENTED LAND: means any land let separately for the purpose of being
used principally for business or trade.
f. TENANT: means any person by whom or on whose account rent is
payable for a building or rented land and includes a tenant continuing in
possession after the termination of his tenancy and in the event of such
person's death, such of his heirs as are mentioned in the Schedule
appended to this Act and who were ordinarily residing with him at the
time of his death, but does not include a person placed in occupation of a
building or rented land by its tenant, except with the written consent of
the landlord, or person to whom the collection of rent or fees in a public
market, cart-stand or slaughter-house or of rents for shops has been
framed out, or leased by a municipal, town or notified area committee.
g. URBAN AREA: means any area administered by a municipal committee, a
notified area committee, Faridabad Complex Administration or any area
declared by the State Government by notification to be urban area for the
purpose of this Act.
RIGHTS AND DUTIES OF LANDLORDS
The law imposes a number of duties on the landlord and gives the tenant a
number of corresponding rights. These include:
1. Possession,
2. Habitable Condition, and
3. Non-Interference with use.
1. Possession
The landlord must give the tenant, the right of possession of the property. This
duty is breached if, at the time the tenant is entitled to take possession, a third
party has paramount title to the property and the assertion of this title would
deprive the tenant of the use contemplated by the parties. Paramount
title means any legal interest in the premises that is not terminable at the will of
the landlord or at the time the tenant is entitled to take possession.
If the tenant has already taken possession and then discovers the paramount
title, or if the paramount title only then comes into existence, the landlord is not
automatically in breach. However, if the tenant thereafter is evicted from the
premises and thus deprived of the property, then the landlord is in breach.
Example: The landlord rents a house to a doctor for ten years, knowing that the
doctor intends to open a medical office in part of the home and knowing also
that the lot is restricted to residential uses only. The doctor moves in. The
landlord is not yet in default. The landlord will be in default if a neighbour
obtains an injunction against maintaining the office. But if the landlord did not
know (and could not reasonably have known) that the doctor intended to use his
home for an office, then the landlord would not be in default under the lease,

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since the property could have been put to normal i.e. residential use without
jeopardizing the tenant’s right to possession.
2. Warranty of Habitability
As applied to leases, the old common-law doctrine of caveat emptor said that
once the tenant has signed the lease, he/she must take the premises as he/she
finds them. Since he/she could inspect them before signing the lease, he/she
should not complain later. Moreover, if hidden defects come to light, they ought
to be easy enough for the tenant himself/ herself to fix. Today this rule no longer
applies, at least to residential rentals. Unless the parties specifically agree
otherwise, the landlord is in breach of his lease if the conditions are unsuitable
for residential use when the tenant is due to move in. The landlord is held to
an implied warranty of habitability.
The change in the rule is due in part to the conditions of the modern urban
setting: tenants have little or no power to walk away from an available
apartment in areas where housing is scarce. It is also due to modem
construction and technology: few tenants are capable of fixing most types of
defects.
At common law, the landlord was not responsible if the premises became
unsuitable once the tenant moved in. This rule was often harshly applied, even
for unsuitable conditions caused by a sudden act of God, such as a tornado.
Even if the premises collapsed, the tenant would be liable to pay the rent for the
duration of the lease.
However, many states have statutorily abolished the tenant’s obligation to pay
the rent if a non-man-made force renders the premises unsuitable. Moreover,
most states today impose on the landlord, after the tenant has moved in, the
responsibility for maintaining the premises in a safe, liveable condition,
consistent with the safety, health, and housing codes of the jurisdiction.
These rules apply only in the absence of an express agreement between the
parties. The landlord and tenant may allocate in the lease the responsibility for
repairs and maintenance. But it is unlikely that any court would enforce a lease
provision waiving the landlord’s implied warranty of habitability for residential
apartments, especially in areas where housing is relatively scarce.
3. Non-Interference with use
In addition to maintaining the premises in a physically suitable manner, the
landlord has an obligation to the tenant not to interfere with a permissible use of
the premises. Example: Someone moves into a building with several
apartments. One of the other tenants consistently plays music late in the
evening, causing him to lose sleep. He complains to the landlord, who has a
provision in the lease permitting him to terminate the lease of any tenant who
persists in disturbing other tenants. If the landlord does nothing after the tenant
has notified him of the disturbance, he will be in breach. This right to be free of
interference with permissible uses is sometimes said to arise from the landlord’s
implied covenant of quiet enjoyment.

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Tenant’s Remedies
When the landlord breaches one of the foregoing duties, the tenant has a choice
of three basic remedies:
a. Termination,
b. Damages, or
c. Rent adjustment.
a. Termination
In virtually all cases where the landlord breaches, the tenant may terminate the
lease, thus ending her obligation to continue to pay rent. To terminate, the
tenant must
i. Actually vacate the premises during the time that she is entitled to
terminate and
ii. Either complies with lease provisions governing the method of terminating
or else take reasonable steps to ensure that the landlord knows he/she
has terminated and why.
When the landlord physically deprives the tenant of possession, he has evicted
the tenant; wrongful eviction permits the tenant to terminate the lease. Even if
the landlord’s conduct falls short of actual eviction, it may interfere substantially
enough with the tenant’s permissible use so that they are tantamount to
eviction. This is known as constructive eviction, and it covers a wide variety of
actions by both the landlord and those whose conduct is attributable to him.
b. Damages
Another traditional remedy is money damages, available whenever termination
is an appropriate remedy. Damages may be sought after termination or as an
alternative to termination. Example: that after the landlord had refused
Someone’s request to repair the electrical system; He hired a contractor to do
the job. The cost of the repair work would be recoverable from the landlord.
Other recoverable costs can include the expense of relocating if the lease is
terminated, moving costs, expenses connected with finding new premises, and
any increase in rent over the period of the terminated lease for comparable new
space. A business may recover the loss of anticipated business profits, but only
if the extent of the loss is established with reasonable certainty. In the case of
most new businesses, it would be almost impossible to prove loss of profits.
In all cases, the tenant’s recovery will be limited to damages that would have
been incurred by a tenant who took all reasonable steps to mitigate losses. That
is, the tenant must take reasonable steps to prevent losses attributable to the
landlord’s breach, to find new space if terminating, to move efficiently, and so
on.
c. Rent Adjustment
Under an old common-law rule, the landlord’s obligation to provide the tenant
with habitable space and the tenant’s obligation to pay rent were independent
covenants. If the landlord breached, the tenant was still legally bound to pay the
rent; her only remedies were termination and suit for damages. But these are
often difficult remedies for the tenant. Termination means the aggravation of
moving, assuming that new quarters can be found, and a suit for damages is

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time consuming, uncertain, and expensive. The obvious solution is to permit the
tenant to withhold rent, or called Rent Adjustment. The modern rule, adopted in
several states (but not yet in most), holds that the mutual obligations of landlord
and tenant are dependent. States following this approach have developed three
types of remedies:
i. Rent withholding,
ii. Rent application, and
iii. Rent abatement.
 The simplest approach is for the tenant to withhold the rent until the
landlord remedies the defect. In some states, the tenant may keep the
money. In other states, the rent must be paid each month into an escrow
account or to the court, and the money in the escrow account becomes
payable to the landlord when the default is cured.
 Several state statutes permit the tenant to apply the rent money directly
to remedy the defect or otherwise satisfy the landlord’s performance.
Thus someone might have deducted from his/her rent the reasonable cost
of hiring an electrician to repair the electrical system.
 In some states, the rent may be reduced or even eliminated if the
landlord fails to cure specific types of defects, such as violations of the
housing code. The abatement will continue until the default is eliminated
or the lease is terminated.
RIGHTS AND DUTIES OF TENANT’S
In addition to the duties of the tenant set forth in the lease itself, the common
law imposes three other obligations:
1. To pay the rent reserved (stated) in the lease,
2. To refrain from committing waste (damage), and
3. Not to use the premises for an illegal purpose.
1. Duty to Pay Rent
What constitutes rent is not necessarily limited to the stated periodic payment
usually denominated “rent.” The tenant may also be responsible for such
assessments as taxes and utilities, payable to the landlord as rent. Example:
Someone lease calls for his to pay taxes of Rs. 1, 20,000/- per year, payable in
quarterly instalments. He pays the rent on the first of each month and the first
tax bill on January 1. On April 1, he pays the rent but defaults on the next tax
bill. He has failed to pay the rent reserved in the lease.
The landlord in the majority of states is not obligated to mitigate his losses
should the tenant abandon the property and fail thereafter to pay the rent. As a
practical matter, this means that the landlord need not try to rent out the
property but instead can let it sit vacant and sue the defaulting tenant for the
balance of the rent as it becomes due. However, the tenant might notify the
landlord that he has abandoned the property or is about to abandon it and offer
to surrender it. If the landlord accepts the surrender, the lease then terminates.

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Unless the lease specifically provides for it, a landlord who accepts the surrender
will not be able to recover from the tenant the difference between the amount of
her rent obligation and the new tenant’s rent obligation.
Many leases require the tenant to make a security deposit—a payment of a
specific sum of money to secure the tenant’s performance of duties under the
lease. If the tenant fails to pay the rent or otherwise defaults, the landlord may
use the money to make good the tenant’s performance. Whatever portion of the
money is not used to satisfy the tenant’s obligations must be repaid to the
tenant at the end of the lease. In the absence of an agreement to the contrary,
the landlord must pay interest on the security deposit when he returns the sum
to the tenant at the end of the lease.
2. Alteration and Restoration of the Premises
In the absence of a specific agreement in the lease, the tenant is entitled to
physically change the premises in order to make the best possible permissible
use of the property, but he may not make structural alterations or damage
(waste) the property. A residential tenant may add telephone lines, put up
pictures, and affix bookshelves to the walls, but he may not remove a wall in
order to enlarge a room.
The tenant must restore the property to its original condition when the lease
ends, but this requirement does not include normal wear and tear. Example:
Someone rents an apartment with newly polished wooden floors. Because he
likes the look of oak, he decides against covering the floors with rugs. In a few
months’ time, the floors lose their polish and become scuffed. He is not obligated
to refinish the floors, because the scuffing came from normal walking, which is
ordinary wear and tear.
3. Use of the Property for an Illegal Purpose
It is a breach of the tenant’s obligation to use the property for an illegal purpose.
A landlord who found a tenant running a numbers racket, for example, or
making and selling moonshine whisky could rightfully evict him.
Landlord’s Remedies
In general, when the tenant breaches any of the three duties imposed by the
common law, the landlord may terminate the lease and seek damages. One
common situation deserves special mention: the holdover tenant.
When a tenant improperly overstays his lease, he is said to be a tenant at
sufferance, meaning that he is liable to eviction.
EVICTION S.13
Evict: To “evict” literally means “to dispossess by law or expel by legal process”,
eviction consists in physical act of throwing out the tenant from the building
which he is occupying. The phrase “in accordance with the provisions of this
section”, only means “in the method or mode provided by the section”, that is,
by means of obtaining an order for eviction from the Collector. The eviction shall
not take place except “in accordance with the provisions of this section”. This

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may legitimately be construed to mean that the eviction shall take place only in
the manner provided by the section. In other words, it is not the order of
eviction that is required to be “in accordance with the provisions” of the sections,
but the eviction is required to take place as provided by the section.
 Eviction of tenants
1. A tenant in possession of a building or a rented land shall not be evicted
therefrom except in accordance with the provisions of this section.
2. A landlord who seeks to evict his tenant shall apply to the Controller, for a
direction in that behalf. If the Controller, after giving the tenant a
reasonable opportunity of showing cause against the application, is
satisfied,-
i. that the tenant has not paid or tendered the rent due from him in
respect of the building or rented land within fifteen days after the
expiry of the time fixed in the agreement of tenancy with his landlord
or in the absence of any such agreement by the last day of the month
next following that for which the rent is payable :
 Provided that if the tenant, within a period of fifteen days of the first
hearing of the application for ejectment after due service, pays or tenders
the arrears of rent and interest, to be calculated by the Controller, at
eight per centum per annum on such arrears together with such costs of
the application, if any, as may be allowed by the Controller, the tenant
shall be deemed to have duly paid or tendered the rent within the time
aforesaid.
 Provided further that the landlord shall not be entitled to claim arrears of
rent for a period exceeding three years immediately preceding the date of
application under the provisions of this Act.
ii. that the tenant has after the commencement of the 1949 Act without
the written consent of the landlord,-
a) transferred his right under the lease or sublet the entire
building or rented land or any portion thereof; or
b) used the building or rented land for a purpose other than that
for which it was leased;
iii. that the tenant has committed or caused to be committed such acts as
are likely to impair materially the value or utility of the building or
rented land;
iv. that the tenant has been guilty of such act and conduct as are a
nuisance to the occupants of the same building or buildings in the
neighbourhood;
v. that where the building is situated in a place other than a hill station,
the tenant has ceased to occupy the building for a continuous period of
four months without reasonable cause;
The Controller may make an order directing the tenant to put the land-lord in
possession of the building or rented land and if the Controller is not so satisfied
he shall make an order rejecting the application:

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 Provided that the Controller may give the tenant a reasonable time for
putting the landlord in possession of the building or rented land and may
extend such time so as not to exceed three months in the aggregate.
3. A landlord may apply to the Controller for an order directing the tenant to
put the landlord in possession -
a. in the case of a residential building, if, -
i. He requires it for his own occupation is not occupying another
residential building in the urban area concerned and has not
vacated such building without sufficient cause after the
commencement of the 1949 Act in the said urban area.
ii. He requires it for use as an office or consulting room by his son who
intends to start practice as a lawyer, qualified architect or charted
accountant or as a “registered practitioner” within the meaning of
that expression used in the Punjab Medical Registration Act, 1916,
the Punjab Ayurvedic and Unani Practitioners Act.1963, or the
Punjab Homeopathic Practitioners Act, 1965, or for the residence of
his son who is married.
Provided that such son is not occupying in the urban area concerned any other
building for use as office, consulting room or residence, as the case may be, and
has not vacated it without sufficient cause after the commencement of the 1949
Act.
iii. it was let to the tenant for use as a residence by reason of his being
in the service or employment of the landlord, and the tenant has
ceased, whether before or after the commencement of this Act, to
be in such service or employment.
Provided that where the tenant is a workman who has been discharged or
dismissed by the landlord from his service or employment in contravention of
the provisions of the Industrial Disputes Act, 1947, he shall not be liable to be
evicted until the competent authority under that Act confirms the order of
discharge or dismissal made against him by the landlord
iv. the tenant has already in his own possession a residential building
or subsequently acquires possession of, or erects, such a building
reasonably sufficient for his requirement in the urban area
concerned.
v. He is a member of the armed forces of the Union of India and
requires it for the occupation of his family and produces a
certificate, from the prescribed authority referred to in section 7 of
the Indian Soldiers (Litigation) Act, 1925, that he is serving under
special conditions within the meaning of section 3 of that Act.
Explanation–
For the purposes of this sub-clause "family" means such relations of the landlord
as ordinarily live with him and are dependent upon him;
b. in the case of rented land, if he requires it for his own use, is not
occupying in the urban area concerned for the purpose of his business
any other rented land and has not vacated such rented land without
sufficient cause after the commencement of the 1949 Act;
c. in the case of any building or rented land, if he requires it to carry out
any building work at the instance of the State Government or local
authority or any improvement trust under some improvement or

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development scheme or if it has become unsafe or unfit for human
habitation.
3A. In the case of a non-residential building, a landlord who stands retired or
discharged from the armed forces of the Union of India or who was a minor
son at the time of death of the deceased landlord, and requires it for his
personal use, may, within a period of three years from the date of
retirement or discharge or attaining the age of eighteen years, as the case
may be, apply to the Controller for an order directing the tenant to put the
landlord in possession.
 Provided that where the landlord has obtained possession of a non-
residential building under this sub-section, he shall not be entitled
to apply again for the possession of any other non-residential
building of the same class.
4. The Controller shall, if he is satisfied that the claim of the landlord is bona
fide, make an order directing the tenant to put the landlord in possession
of the building or rented land on such date as may be specified by the
Controller and if the Controller is not so satisfied, he shall make an order
rejecting the application.
 Provided that the Controller may give the tenant a reasonable time
for putting the landlord in possession of the building or rented land
and may extend such time so as not to exceed three months in the
aggregate.
5. Where an application is made under sub-clause (v) of clause (a) of sub-
section (3), it shall be disposed of, as far as may be, within a period of
one month and if the claim of the landlord is accepted, the Controller shall
make an order directing the tenant to put the landlord in possession of the
building on a date to be specified in the order and such date shall not be
later than fifteen days from the date of the order.
6. Where the Controller is satisfied that any application made by a landlord
for the eviction of a tenant is frivolous or vexatious, the Controller may
direct that compensation not exceeding five hundred rupees be paid by
such landlord to the tenant.
CONCLUSION
In Haryana there is no provision as to right to temporary recovery of
possession while in Delhi the landlord is entitled to get possession of
the building, if bona fide, it is required by him to carry out repairs,
alterations or additions, which cannot be carried out without the
building being vacated, after which the building will again be offered to
the tenant. This provision shall be inserted in the Act as it would give
an incentive to the landlord to carry out the renovation from time to
time.