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CHAPTER II PROVISIONS REGARDING FIXATION OF STANDARD RENT AND PERMITTED INCREASE

Section 12: Increase in rent on account of payment of rate, etc

The Maharashtra Rent Control Act, 1999

How current this text is

Text as published by India Code for the Government of Maharashtra, as on 7 March 2025; its footnotes record later changes to other Acts it cites, the latest being Mah. 24 of 2012.

A Maharashtra Rent Control (Amendment) Bill, 2025 (L. A. Bill No. LXXXII of 2025) was introduced in 2025; as of October 2026 no official record shows it passed or published as an Act, so it is not reflected in this text.

(1) Where a landlord is required to pay to Government or to any local authority or statutory authority in respect of any premises any fresh rate, cess, charges, tax, land assessment, ground rent of land or any other levy on lands and buildings, he shall, notwithstanding anything contained in any other provisions of this Act but save as otherwise expressly provided in any other law for the time being in force, be entitled to make an increase in the rent of such premises:

Provided that, the increase in rent shall not exceed the amount of any such rate cess, charges, tax, land assessment, ground rent of land or any other levy on lands and buildings, as the case may be.

(2) Where the rent is inclusive of charges for electricity and water and the landlord is required to pay any increase in these charges in respect of any premises, he shall be entitled to make an increase in the rent of such premises by an amount not exceeding the additional amount payable by him in respect of such premises on account of such increase.

(3) The amount of the increase in rent recoverable from each tenant under sub-sections (1) and (2) shall bear the same proportion as the rent payable by him in respect of his premises bears to the total amount of any such rate, cess, charges, tax, land assessment, ground rent of land or any other levy on lands and buildings, or increase in electricity or water charges, as the case may be.

Questions on this section

2 questions in 2 of our papers cite Section 12. Try these from the free papers:

  1. 1. Consider the following statements regarding Section 12 of the Maharashtra Rent Control Act, 1999: 1. Where a landlord is required to pay a fresh rate, cess or tax on the premises to a local authority, he is entitled to increase the rent. 2. With the leave of the court, the increase may exceed the amount of the fresh levy. 3. The increase recoverable from each tenant bears the same proportion as his rent bears to the total amount of the levy. Which of the statements given above is/are correct?

  2. 2. Assertion (A): A landlord who increases the rent under Section 12 of the Maharashtra Rent Control Act, 1999 on account of a fresh municipal tax does not contravene Section 10 of the Act. Reason (R): Section 13 provides that an increase of rent under Sections 11 and 12 shall not be deemed to be an increase for the purpose of Section 10.

Practise questions on Maharashtra Local Laws