Tenant Rights Under the Model Tenancy Act in Karnataka

Tenant rights during tenancy in Karnataka are governed by the Karnataka Rent Act, 1999 (Karnataka Act 34 of 2001), specifically §§7–19 (rent, standard rent, deposits), §27 (eviction), §§28–38 (special recovery) and §11 (anti-premium). The last amendment (Act 7 of 2026, gazetted 8 January 2026) touched §54 penalties only; rules on deposits, rent and eviction are unchanged. Karnataka has NOT adopted the Model Tenancy Act, 2021 — protections commonly cited from the MTA (2-month deposit cap, 90-day rent-hike notice, District Rent Authority) are not in force here.

• Security deposit — no statutory cap: The Act does not cap residential deposits. The widely cited "10 months' rent" is Bengaluru market convention, not law. The only numeric cap is §11(2)(b): interest-free refundable deposits taken to finance construction may not exceed 5 years of agreed rent. Under §15, sums received in contravention of the Act are refundable on the tenant's application to the Controller within 1 year.
• Standard rent and revisions — §§7, 9: Standard rent under §7 is 10% per annum of aggregate construction cost plus market price of land on the date construction began, plus Third Schedule enhancements. Under §9(1), rent may be revised upwards by no more than 10% per annum of the cost of improvement or addition, and only with the tenant's written consent.
• Permitted charges — §8: The tenant pays amenity charges up to 15% and maintenance charges of 10% of rent, plus pro-rata property tax and actual utility consumption. Any charge outside this scheme is recoverable under §15.
• Rent payment and default protection — §§16, 17: Rent is due by the 15th of the following month; late payment attracts simple interest at 12% p.a. under §16(1). If the landlord refuses rent, §17 requires the tenant to deposit it with the Controller within 21 days of the due date to preserve non-default status — withholding rent during a dispute is what creates an arrears eviction ground, not the dispute itself.
• Eviction grounds — §27(1)–(2): No eviction except on §27(2) grounds: arrears not paid within 2 months of a §106 TPA notice; unauthorised subletting; misuse; 2-year non-occupation; bona fide own-occupation or rebuilding; or substantial damage of at least 6 months' rent. The second proviso to §27(2)(a) lets a tenant avoid eviction for arrears by paying all dues into court within 1 month of the eviction order.
• Refund of advance — §28(2): The landlord must refund any advance rent within 90 days of recovery of possession; interest at 12% p.a. accrues on any delay.
• Timelines — §§25, 26, 46: The Controller ordinarily concludes proceedings within 6 months. Appeals against Controller orders lie under §26 within 30 days to the Deputy Commissioner or Assistant Commissioner. Revision against a Court's eviction order goes directly to the High Court of Karnataka under §46.
• Act's statutory exemptions — §2(3): Residential premises with standard rent up to ₹3,500/month (Bengaluru and other First Schedule Part A cities) or ₹2,000/month elsewhere, and buildings under 15 years old since construction or substantial renovation, are outside the Act's rent-fixation chapters. This excludes most modern Bengaluru housing from rent control, though eviction and essential-service protections still apply.
• Worked example: A Bengaluru tenant paying ₹25,000/month customarily pays 10 months' deposit (₹2,50,000) — permissible because the Act imposes no statutory cap. §8 permits up to ₹3,750/month amenities and ₹2,500/month maintenance on top. If the landlord spends ₹2,00,000 on a structural addition with the tenant's written consent, §9 permits an increase of up to 10% of cost = ₹20,000/year ≈ ₹1,667/month. If the tenant defaults, the landlord must serve a §106 TPA notice and wait 2 months before filing under §27(2)(a); after an eviction order, the tenant has 1 further month to clear arrears and save the tenancy.