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Section 7: Landlord not to claim or receive any thing in excess of fair rent or agreed rent

The Telangana Buildings (Lease, Rent and Eviction) Control Act, 1960

How current this text is

Text as published by India Code for the Government of Telangana (Municipal Administration and Urban Development Department): the Andhra Pradesh Buildings (Lease, Rent and Eviction) Control Act, 1960 as in force in the combined State on 2 June 2014, adapted to Telangana under section 101 of the Andhra Pradesh Reorganisation Act, 2014 by the Telangana Adaptation of Laws Order, 2016 (G.O.Ms.No.45, Law (F) Department, dated 01.06.2016), with amendments up to Act No.17 of 2005.

Section 1(2) of this copy still names Visakhapatnam and Vijayawada, as printed.

(1) Where the Controller has fixed the fair rent of a building—

(a) the landlord shall not claim, receive or stipulate for the payment of (i) any premium or other like sum in addition to such fair rent, or (ii) save as provided in section 5 or section 6, anything in excess of such fair rent:

Provided that the landlord may receive, or stipulate for the payment of, an amount not exceeding one month’s rent, by way of advance;

(b) save as provided in clause (a), any premium or other like sum or any rent paid in addition to, or in excess of, such fair rent, whether before or after the commencement of this Act, in consideration of the grant, continuance or renewal of the tenancy of the building after such commencement, shall be refunded by the landlord to the person by whom it was paid or at the option of such person, shall be otherwise adjusted by the landlord:

Provided that where before the determination of the fair rent, rent has been paid in excess thereof, the refund or adjustment shall be limited to the amount paid in excess for a period of six months prior to the date of application by the tenant or the landlord under sub-section (1) of section 4 for fixing the fair rent.

(2) Where the fair rent of a building has not been so fixed—

(a) the landlord shall not, after the commencement of this Act claim, receive or stipulate for the payment of any premium or other like sum in addition to the agreed rent:

Provided that the landlord may receive, or stipulate for the payment of, an amount not exceeding one month’s rent by way of advance;

(b) save as provided in clause (a), any sum paid in excess of the agreed rent whether before or after the commencement of this Act, in consideration of the grant, continuance or renewal of the tenancy of the building after such commencement, shall be refunded by the landlord to the person by whom it was paid or, at the option of such person, shall be otherwise adjusted by the landlord.

(3) Any stipulation in contravention of sub-section (1) or sub-section (2) shall be null and void.