Tenant Rights Under the Model Tenancy Act — Uttar Pradesh

Tenant rights in Uttar Pradesh are now governed by the Uttar Pradesh Regulation of Urban Premises Tenancy Act, 2021, which replaced the old UP Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972. The 2021 Act was first introduced as Ordinance No. 2/2021 and Ordinance No. 3/2021, is deemed in force from 11 January 2021, and governs urban premises in specified urban local body areas and UPAEVP housing scheme areas. Government-owned premises, company employee accommodation, and property of religious or charitable institutions sit outside it. The core tenant protections are in §§7–21 — in particular §9 (rent revision), §11 (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.), §20 (essential supplies) and §21 (protection against eviction).

Rent revision. Rent may only be revised by the method written into the tenancy agreement, and the landlord must give 3 months' written notice before the revised rent becomes due. In the absence of a specific agreed method, the outer ceilings are 5% per year for residential and 7% per year for non-residential premises. Critically, if the tenant does not notify the landlord that the revision is not accepted, the revision is deemed accepted — so silence or quiet over-payment is dangerous.

Written agreements and Rent Authority. Every tenancy agreement must be in writing and submitted to the Rent Authority (the Additional District Collector of the district) within 2 months of execution; the Rent Authority issues a unique identification number within 7 days. Disputes are resolved by the Rent Authority with a 60-day target, and civil courts have no jurisdiction over tenancy matters covered by the 2021 Act.

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. and sub-letting. The deposit is capped at 2 months' rent for residential and 6 months' rent for non-residential premises, and must be refunded on the date vacant possession is handed over, less lawful deductions. A tenant cannot sublet or assign the tenancy without a supplementary agreement.

Eviction, essential services and refused rent. Under §21 a landlord cannot evict without an order of the Rent Authority — self-help like changing locks or removing belongings is illegal. Under §20 the landlord cannot withhold water, electricity or any essential supply. If the landlord refuses to accept rent, the tenant can tender rent by postal money order or bank transfer; that tender is valid and defeats any later non-payment eviction claim. If a fixed-term tenancy expires and the tenant does not vacate, enhanced (penalty) rent becomes payable. Where a tenancy expires during a force majeure event (war, flood, earthquake, pandemic), the tenant may remain in possession for 1 month after the event ends on the same terms.

Succession. On the tenant's death, the tenancy devolves in order to the spouse, son and/or daughter, parents, the widowed daughter-in-law (widow of a pre-deceased son), and a widowed or divorced sister.

Worked example: Priya rents a 2BHK in Noida at Rs. 18,000/month on a two-year agreement. At the end of Year 1 the landlord demands Rs. 22,000 — a 22% jump. Under §9 the permissible residential increase is 5%, so the rent can rise at most to Rs. 18,900. Priya must file an application before the Rent Authority (Additional District Collector, Gautam Buddh Nagar) — which must decide within 60 days and can cap the increase. If she simply ignores the notice and starts paying Rs. 22,000, the revision may be deemed accepted.