Application to the Rent Court for recovery of possession under the Andhra Pradesh Residential and Non-Residential Premises Tenancy Act, 2017

A tenant is not evicted during the continuance of the tenancy agreement except as the Act provides: on an application made to the Rent Court in the manner prescribed, on one or more of the grounds the section lists. The Act states that; that only the Rent Court and no Civil Court hears such a dispute; that the arrears ground arises only after a notice of demand and the period it allows; and what a tenant may still do after being served. The form of the application is a matter for the rules.

What such a document contains

No eviction during the tenancy except as the Act provides
A tenant is not evicted during the continuance of the tenancy agreement except in accordance with the section's own sub-sectionSection 21(1), Andhra Pradesh Residential and Non-Residential Premises Tenancy Act, 2017 (Act No. 10 of 2018)
An application to the Rent Court, on a ground the section lists
The Rent Court may, on an application made to it in the manner prescribed, order recovery of possession on one or more of the listed grounds only — among them a failure to agree the rent payable, arrears not paid after a notice of demand, parting with possession without the landlord's written consent, continued misuse after notice to stop, repairs or rebuilding, and the landlord's own occupationSection 21(2), Andhra Pradesh Residential and Non-Residential Premises Tenancy Act, 2017 (Act No. 10 of 2018)
On the ground of arrears, a notice of demand served first
The arrears ground is that the tenant has not paid the arrears of rent and other charges in full, with interest for delayed payment as the agreement or the rules provide, within the period the clause allows from a notice of demand served by the landlordSection 21(2)(b), Andhra Pradesh Residential and Non-Residential Premises Tenancy Act, 2017 (Act No. 10 of 2018)
How that notice of demand is served
The clause names the ways the notice of demand may be served: by email, by registered post, in person, or in any other manner the rules prescribeSection 21(2)(b), Andhra Pradesh Residential and Non-Residential Premises Tenancy Act, 2017 (Act No. 10 of 2018)
Only the Rent Court, and no Civil Court, hears it
Notwithstanding anything in any other law in force, in the areas to which the Act extends only the Rent Court and no Civil Court has jurisdiction to hear and decide applications relating to disputes between a landlord and a tenant and matters connected with them under the ActSection 32, Andhra Pradesh Residential and Non-Residential Premises Tenancy Act, 2017 (Act No. 10 of 2018)
The particulars of the premises, the parties and the tenancy
The premises, the landlord and the tenant, the rent and the terms of the tenancy, and the facts the application rests on. Such documents carry these; the prescribed form is not read for this sectionConvention rather than law

This document is under Andhra Pradesh Residential and Non-Residential Premises Tenancy Act, 2017 (Act No. 10 of 2018), which is the Act in force in Andhra Pradesh. A tenancy in another State is under that State's own Act.

The periods that attach to it

  • No order for eviction on account of default in payment of rent is passed if the tenant pays the landlord, or deposits with the Rent Court, all arrears of rent including interest within the period the proviso allows from the notice being served; that relief is not available again where the tenant defaults for the consecutive months the second proviso names in any one year after having had it once — Section 21(2)(b), Andhra Pradesh Residential and Non-Residential Premises Tenancy Act, 2017 (Act No. 10 of 2018)
  • Where an order for recovery of possession is made on the ground of the landlord's own occupation, the landlord is entitled to obtain possession within the period the section fixes from the date the eviction order is passed, which differs for residential and non-residential premises; for the categories of landlord the Act's Third Schedule names, immediately after the order — Section 22, Andhra Pradesh Residential and Non-Residential Premises Tenancy Act, 2017 (Act No. 10 of 2018)

Not established

  • The Andhra Pradesh Residential and Non-Residential Premises Tenancy Act, 2017 states what the application is for and what it rests on. The form it takes, and the manner in which it is presented, are set by rules made under the Act by the State, and those rules are not established here.
  • The Andhra Pradesh Residential and Non-Residential Premises Tenancy Act, 2017 applies to the areas it names or the State Government notifies, and not to every premises inside them — it exempts the classes its own sections and notifications exempt. Whether a particular premises is inside the Act is not established here; outside it, the general law of leases in the Transfer of Property Act governs the notice and the ending of the tenancy instead.

What this guide is not

Of the points listed below, five are fixed by the Andhra Pradesh Residential and Non-Residential Premises Tenancy Act, 2017 (Act No. 10 of 2018) itself and one are convention — such documents carry them, and no provision read for this section requires them. This is a description of a kind of document and not a document — confirm the contents of any document in a particular matter with an advocate.

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