This Act may be called the Tamil Nadu Regulation of Rights and Responsibilities of Landlords and Tenants Act, 2017.
It shall extend to all urban areas of the State of Tamil Nadu.
It shall come into force on such date as the Government may, by notification, appoint and different dates may be appointed for different provisions of this Act:
Provided that the Government may, by notification, exclude any area or units
or class of buildings from the operation of this Act or any provision thereof.
In this Act, unless the context otherwise requires,—
"agreement" or "tenancy agreement" means the written agreement executed by the landlord and the tenant as required under this Act;
"Government" means the State Government;
"landlord" means a person who, for the time being is receiving, or is
entitled to receive, the rent of any premises, whether on his own account, or on
account of, or on behalf of, or for the benefit of, any other person or as a trustee,
guardian or receiver of any person or who would so receive the rent or be entitled
to receive the rent, if the premises were let to a tenant, and shall include his
successor-in-interest;
"local authority" means,—
a town panchayat or municipality constituted under the Tamil Nadu District Municipalities Act, 1920;
a municipal corporation established under any law for the time being in force; and
a cantonment board constituted under the Cantonments Act, 2006;
"person with disability" has the same meaning as assigned to it in clause (s) of section 2 of the Rights of Persons with Disabilities Act, 2016;
"premises" means any building or part of a building which is, or is intended to be, let separately for the purpose of residence or for commercial or for educational use, except for industrial use and includes—
the garden, grounds and out-houses, if any, appertaining to such building or part of the building;
any fitting to such building or part of the building for the more beneficial enjoyment thereof, but does not include hotel, lodging house, dharamshala or inn, or the like;
"prescribed" means prescribed in the rules made under this Act;
"property manager" means a person or company who is employed by the landlord to manage the premises and who represents the landlord in his dealings with the tenant;
"Rent Authority" means an officer appointed under section 38;
"Rent Court" means a Rent Court constituted under section 31
"rent payable" in relation to any premises means the rent as per
section 8;
"Rent Tribunal" means the Rent Tribunal constituted under section 32;
"Schedule" means the Schedule to this Act;
"tenant" means a person by whom or on whose account or behalf the rent of any premises is, or, but for a contract express or implied, would be payable for any premises and includes any person occupying the premises as a sub-tenant and also, any person continuing in possession after the termination of his tenancy whether before or after the commencement of this Act; but shall not include any person against whom any order or decree for eviction has been made
"Urban Area" means the areas that fall under the jurisdiction of either the Municipal Corporation or the Municipality or the Town Panchayat or the Cantonment Board, as the case may be.
CHAPTER II
THE NATIONAL LEGAL SERVICES AUTHORITY
Nothing in this Act shall apply to
any premises owned or promoted by the Central or State Government or Local Authority or a Government undertaking or enterprise or a statutory body or cantonment board;
premises owned by a company, university or organization given on rent to its employees as part of service contract;
any premises owned by religious or charitable institutions as may be specified by the Government, by notification;
any premises owned by Waqf registered under the Waqf Act, 1995 or to any trust registered under the Indian Trusts Act, 1882;
any other building or category of buildings specifically exempted in public interest by the Government, by notification
Provided that any owner of the premises falling under clauses (a) to (d) wishes that the tenancy agreement entered into by them be regulated under the provisions of this Act, they may inform the Rent Authority of their desire to do so at the time of information of the tenancy agreement under section 4 of this Act
Notwithstanding anything contained in this Act or any other law for the time being in force, no person shall, after the commencement of this Act, let or take on rent any premises except by an agreement in writing, which shall be informed to the Rent Authority by the landlord and tenant jointly, in the form specified in the First Schedule.
Where, in relation to a tenancy created before the commencement of this Act,—
an agreement in writing was already entered into, it shall be informed to the Rent Authority;
no agreement in writing was entered into, the landlord and the tenant shall enter into an agreement in writing with regard to that tenancy, and inform the Rent Authority, in the form specified in the First Schedule:
Provided that where the landlord and the tenant fail to present jointly a copy of tenancy agreement under clause (a) or fail to reach an agreement under clause (b), such landlord and the tenant shall separately file the particulars about such tenancy.
Every agreement referred to in sub-section (1) or required to be executed under sub-section (2) shall be in such manner and within such period as may be prescribed.
The Rent Authority, after receiving such information about tenancy agreement, shall register the agreement and provide a registration number to the parties.
Information provided under sub-section (1) and (2) shall be taken as evidence of facts relating to tenancy and matters connected therewith and in its absence, any statement in the agreement shall not be received as evidence of the facts in any court of law.
The Rent Authority shall upload the details of all tenancies along with the registration number provided under sub-section (4), in the form and manner as may be prescribed, on its website within fifteen days of the allotment of the registration number.