Central Model Framework MoHUA Gazette Verified

The Model Tenancy Act, 2021 Explained

A comprehensive guide to the central model legislation approved by the Union Cabinet to institutionalize rental housing, protect landlord and tenant rights, and establish dedicated Rent Authorities across India.

Issuing Body: Ministry of Housing and Urban Affairs (MoHUA) • Cabinet Approval: June 02, 2021
Critical Legal Principle: Why MTA Does Not Automatically Apply Everywhere

Under the Constitution of India (Seventh Schedule, List II - State List, Entry 18), "land" and "rights in or over land, tenures, and the collection of rents" are state subjects. Therefore, the Model Tenancy Act circulated by the Central Government is an advisory model framework. It does not automatically supersede existing state laws until an individual State Legislature enacts it into law or amends its state rent control act.

MTA 2021 Key Framework Summary
Model Rules
Statutory Status Central Model / Template Legislation (Advisory to States)
Security Deposit Cap Capped at maximum 2 months rent for residential; 6 months for commercial
Landlord Inspection Minimum 24 hours prior written or electronic notice
Rent Increase Notice 3 months prior written notice before revised rent takes effect
Tenancy Registration Mandatory digital intimation to statutory Rent Authority
Dispute Resolution Three-tier system: Rent Authority -> Rent Court -> Rent Tribunal (max 60 days resolution)

1. Background & Purpose

The Model Tenancy Act (MTA), 2021 was approved by the Union Cabinet on June 2, 2021, and circulated by the Ministry of Housing and Urban Affairs (MoHUA) to all Indian States and Union Territories. Under the Constitution of India (Seventh Schedule, List II - State List, Entry 18), "land" and "rights in or over land, tenures, and the collection of rents" are state subjects. Therefore, the Model Tenancy Act does not automatically apply nationwide on its own; it serves as a modern template for State Legislatures to either enact as a new Tenancy Act or amend their existing rent control laws.

2. Seven Core Pillars of the Model Tenancy Act

#1Mandatory Written Agreement

Oral leases are barred. All tenancies must have a written agreement specifying rent, tenure, and maintenance obligations.

#2Digital Rent Authority Registration

Landlords and tenants must jointly submit agreement details to the Rent Authority within a specified timeframe to obtain a unique registration ID.

#3Security Deposit Cap (2 Months)

Security deposit is strictly capped at maximum 2 months rent for residential properties and 6 months for commercial properties.

#424-Hour Notice for Landlord Entry

Landlords cannot enter the rented premises unannounced. At least 24 hours prior written or electronic notice is required.

#5Protection of Essential Services

Landlords are strictly prohibited from disconnecting water, electricity, or sanitary services over rent disputes.

#6Overstay Compensation (2x / 4x)

If a tenant unlawfully overstays after tenancy expiry, the landlord can claim double rent for the first 2 months and quadruple rent thereafter.

#7Fast-Track 60-Day Adjudication

Rent Courts and Rent Tribunals are established with a statutory mandate to dispose of disputes within 60 days of application.

3. State-wise Adoption Matrix

Status of Model Tenancy Act adoption across major Indian states as monitored by RentNiti:

State / UT Adoption Status Governing State Legislation
Uttar Pradesh Enacted & Operational UP Regulation of Urban Premises Tenancy Act, 2021 (UP Act No. 16 of 2021)
Andhra Pradesh Enacted & Operational Andhra Pradesh Residential and Non-Residential Tenancy Act, 2021
Tamil Nadu Precursor Enacted Tamil Nadu Regulation of Rights and Responsibilities of Landlords and Tenants Act, 2017
Maharashtra Under Review Currently governed by Maharashtra Rent Control Act, 1999
Karnataka Under Review / Drafting Currently governed by Karnataka Rent Act, 1999 & TPA 1882
Delhi Under Review by MoHUA/NCT Currently governed by Delhi Rent Control Act, 1958 & TPA 1882

4. Frequently Asked Questions

No. Under the Indian Constitution, land and tenancy are State subjects (State List). The Model Tenancy Act is a model framework issued by the Central Government. It only applies in states that have formally passed state legislation adopting it (such as Uttar Pradesh).

Under the Model Tenancy Act, 2021, security deposits are capped at a maximum of 2 months of monthly rent for residential properties, and 6 months of rent for non-residential/commercial properties.

No. Under the Model Tenancy Act, a landlord or property manager must provide at least 24 hours prior written or electronic notice before entering the premises for inspection or maintenance.
Official Primary Government Source
MoHUA Gazette
The Model Tenancy Act, 2021 (English Full Text)
Ministry of Housing and Urban Affairs, Government of India
MoHUA Portal Gazette PDF
Legal Information Disclaimer:
This page provides an educational summary of the central Model Tenancy Act, 2021 framework. Please consult the specific state tenancy acts and government gazettes enacted in your jurisdiction before executing agreements or initiating legal proceedings.