Section 24 of the Maharashtra Rent Control Act of 1999

Section 24 of the Maharashtra Rent Control Act of 1999 deals with the obligations and rights of both the licensor and licensee regarding the possession of licensed premises for residence. 

What is Section 24 of the Maharashtra Rent Control Act of 1999?

This section states –

“(1) Notwithstanding anything contained in this Act, a licensee in possession or occupation of premises given to him on license for residence shall deliver possession of such premises to the landlord on expiry of the period of license; and on the failure of the licensee to so deliver the possession of the licensed premises, a landlord shall be entitled to recover possession of such premises from a licensee, on the expiry of the period of the license, by making an application to the Competent Authority, and, the Competent Authority, on being satisfied that the period of license has expired, shall pass an order for eviction of a licensee.

(2) Any licensee who does not deliver possession of the premises to the landlord on expiry of the period of license and continues to be in possession of the licensed premises till he is dispossessed by the Competent Authority shall be liable to pay damages at double the rate of the license fee or charge of the premises fixed under the agreement of license.

(3) The Competent Authority shall not entertain any claim of whatever nature from any other person who is not a licensee according to the agreement of license.

Explanation- For the purposes of this section,-

(a) the expression “landlord” includes a successor-in-interest who becomes the landlord of the premises as a result of death of such landlord; but does not include a tenant or a sub-tenant who has given premises on license;

(b) an agreement of license in writing shall be conclusive evidence of the fact stated therein.”

Explanation of Section 24 of the Maharashtra Rent Control Act of 1999

Obligation to Deliver Possession

Under Section 24(1) of the Maharashtra Rent Control Act, licensees who occupy premises for residential purposes are obligated to deliver possession of the licensed premises to the landlord upon the expiration of the license period. 

This provision ensures that tenants understand their responsibility to vacate the premises once the agreed-upon license period has ended.

Recovery of Possession

If a licensee fails to vacate the premises after the license period expires, the landlord is entitled to approach the Competent Authority, a designated authority under the Act, to seek the recovery of possession. 

The Competent Authority carefully examines the case and, upon satisfaction that the license period has indeed expired, will pass an eviction order against the licensee. This provision empowers landlords to reclaim their property when tenants do not adhere to the agreed-upon terms.

Damages for Non-Delivery of Possession

In addition to seeking eviction, Section 24(2) grants landlords the right to claim damages from licensees who fail to deliver possession of the premises upon the expiration of the license period. 

The damages payable by the licensee will be double the rate of the license fee or charge fixed under the agreement of license. This provision acts as a deterrent against tenants overstaying their welcome and compensates landlords for any financial losses incurred due to the licensee’s non-compliance.

Scope of Claims and Rights

Section 24(3) clarifies that the Competent Authority will only entertain claims and disputes related to the possession and recovery of licensed premises from the licensee. Other individuals who are not licensees, as per the agreement of license, cannot file claims or disputes under this section. 

This provision ensures that only the involved parties are entitled to the rights and remedies provided by the Act, streamlining the legal process and preventing unnecessary complications.

Definition of “Landlord”

The explanation clause of Section 24 defines the term “landlord” to include a successor-in-interest who becomes the landlord due to the death of the original landlord. 

However, it explicitly excludes tenants or sub-tenants who have given the premises on the license to others. This definition ensures that the rights and obligations specified in Section 24 are appropriately applied to the parties involved.

Conclusive Evidence of Written Agreement

According to Section 24’s explanation clause, a written agreement of license serves as conclusive evidence of the facts stated within it. This provision establishes the legal validity of a written agreement and allows it to be relied upon when determining the rights and obligations of both parties. 

A written agreement provides clarity and ensures that both landlords and tenants are aware of their respective duties.

Conclusion

Section 24 of the Maharashtra Rent Control Act plays a pivotal role in defining the rights and obligations of both landlords and tenants in the context of licensed premises for residence. 

It emphasizes the licensee’s duty to deliver possession upon the expiration of the license period while granting landlords the right to seek eviction and claim damages in case of non-compliance. 

By understanding the provisions outlined in Section 24, both landlords and tenants can ensure a fair and transparent relationship, promoting harmony in the rental sector of Maharashtra.