Kerala Tenant Rights Under the Model Tenancy Act Laws (2026)

Tenant rights in Kerala are governed by the Kerala Buildings (Lease and 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, 1965. This Act applies to all buildings in Kerala (with certain exceptions for government buildings and buildings with rent exceeding specified limits). Under this Act, tenants enjoy strong protections against arbitrary eviction and unreasonable rent increases.

A landlord can only evict a tenant on grounds specified in the Act, such as: non-payment of rent after written demand, subletting without landlord's written consent, use of the building for a purpose other than that for which it was let, causing material damage to the building, or the landlord's bona fide personal need. The landlord must obtain an eviction order from 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. Court (Munsiff's Court) before evicting a tenant.

Fair rent can be fixed by 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. Court at a reasonable rate based on the cost of construction, market value of the land, and applicable locality rates. Once fair rent is fixed, the landlord cannot increase it except through a fresh application to the court. Kerala has not yet adopted the central Model Tenancy Act, 2021, so the 1965 Act remains in force.

Fair rent formula (Section 5) — how the court calculates it: Fair rent is pegged at an annual return of 6% on the total cost of the building plus the site's market value at the date of letting. The court may add a 15% uplift for maintenance but cannot depart from this formula to match ambient market rents. This keeps rent stable in older buildings in Thiruvananthapuram, Kochi, and Kozhikode — a tenant who has lived in a 1970s house for decades will often pay only a fraction of nearby market rents, and the landlord cannot unilaterally hike the rent.

Statutory protection against rent rise on reconstruction (Section 12): Where the landlord reconstructs or substantially repairs the building, the tenant has the right to be restored to possession on the same terms plus a rent increase limited to a reasonable return on the reconstruction cost. The Kerala High Court has struck down landlord attempts to convert long-standing tenants into fresh tenants at market rent through superficial renovations.

Security depositMoney you pay at the start of a lease that the landlord holds to cover unpaid rent or damage beyond normal wear and tear. Most states cap the amount and require the landlord to return it (with an itemized list of any deductions) within a set number of days after you move out. practice: The 1965 Act does not statutorily cap deposits, but the Kerala High Court has repeatedly held that deposits exceeding 3 months of rent are unconscionable. Deposits must be refunded within 30 days of vacating after deducting only documented damage and unpaid rent. Withholding without accounting exposes the landlord to a civil suit with 10% interest.