Protection from Illegal Eviction — Maharashtra

In Maharashtra, tenants in rent-controlled premises can only be evicted on grounds specifically listed in the rent controlA local law that caps how much a landlord can raise rent each year on covered units. Rent control exists in a limited number of US cities and states and usually applies only to older buildings. law. Under the Bombay Rents Act, 1947 (applicable in Mumbai), a landlord must prove one of the statutory grounds before the Small Causes Court, such as: non-payment of rent after notice, subletting without written consent, causing nuisance, the landlord's bona fide personal need, or the premises being required for demolition and reconstruction.

Under the Maharashtra Rent ControlA local law that caps how much a landlord can raise rent each year on covered units. Rent control exists in a limited number of US cities and states and usually applies only to older buildings. Act, 1999 (applicable outside Mumbai), similar protections apply. The landlord must give written notice before filing for eviction. For non-payment of rent, the tenant must be given a chance to pay arrears. Even if eviction is ordered, the court may grant the tenant reasonable time to vacate.

For tenants in cooperative housing societies, eviction for non-payment of maintenance charges follows the procedure under the Maharashtra Cooperative Societies Act, 1960. The society must pass a resolution and follow the process under Section 101 before recovery proceedings.

MRCA Sections 16, 22 and 28 — key eviction grounds: Under the Maharashtra Rent ControlA local law that caps how much a landlord can raise rent each year on covered units. Rent control exists in a limited number of US cities and states and usually applies only to older buildings. Act, 1999, Section 16 sets out the exhaustive grounds for eviction (arrears of rent after 90-day notice, unauthorised sub-letting, nuisance, bona fide need, change of user, structural defect). Section 22 governs eviction for bona fide personal need and requires the landlord to show the need is genuine and that greater hardship would not be caused to the tenant. Section 28 vests the Small Causes Court (Mumbai) / Civil Court with exclusive jurisdiction — a landlord cannot bypass this forum by sending goons or relying on private arbitration clauses.

Pagdi system tenants: In older Mumbai buildings under the pagdi (pugree) system, the tenant holds a quasi-ownership right: they can transfer tenancy with the landlord's consent and the landlord is typically entitled to 33% of the transfer premium, with 67% going to the outgoing tenant. A pagdi tenant cannot be evicted merely because the landlord wants to redevelop — the landlord must either re-house the tenant in the reconstructed premises at the old rent (Section 17) or pay compensation agreed under a 'redevelopment agreement' registered with the society and Rent Controller.