Tenant rights protection during lock-in period

Dear Client,
The Maharashtra Rent Control Act is a progressive and enabling rent control Act that protects the right of both landlord and tenants. The key protections available to a tenant under the Act include Protection Against Arbitrary Eviction, Right to Essential Services, Fair Rent - Landlords are restricted from charging rent that significantly exceeds the property's value, and tenants can seek legal recourse against exorbitant demands. Right to Repairs of the rental premises and provides a legal framework for resolving disputes between landlords and tenants under the Act. To exercise the rights a tenant should be well aware of their responsibilities. It is the responsibility of a tenant to insist the landlord for execution of a written rent or lease agreement protecting the interest of both. It may be noted that a rent/lease agreement must be registered under the Registration Act if the rent/lease period exceeds 11 months to make the make the document enforceable under the law. when you executed a lease agreement for 22 months, then be ensure whether it was registered under the Registration Act to enforce your rights, otherwise, both the parties have no locus standi to enforce their rights against each other as provided under the MRCA. Further, the term force majeure typically is an event for which no party can be held accountable for the damages and incidental expenses incurred thereto. A force majeure clause is a contractual provision that excuses parties from performing their obligations when extraordinary events or circumstances beyond their control occur. These events, often referred to as “acts of God,” may include: Natural disasters (e.g., floods, bushfires, earthquakes), Pandemics or epidemics etc, i.e, an event for which no party can be held accountable. Section 56 of the Indian Contract Act, 1872 addresses the concept of frustration of contract, which is closely related to force majeure, particularly when a contract becomes impossible to perform. The job loss owing to a ban imposed by government on gaming companies does not come under the purview of the doctrine of force majeure and cannot waive the responsibility of the landlord/lessor to fulfil the legitimate claim of the tenant or lessee. Given rights of both parties provided under the Act and the laches as mentioned herein, you may consult with a local Lawyer to understand your rights and remedies/reliefs available to you even if you file an application stating the arbitrary and unethical demands of the landlord/lessor to the Rent Controller appointed under the Act seeking the desired reliefs.