Tenant Rights in Maharashtra | A Quick Guide for Chembur Renters

1. Deposit Caps: Written in Stone

The deposit is capped at two months for unfurnished apartments and three months for furnished apartments under the Maharashtra Rent Control Act (as revised in 2019).
A Reality Check on Chembur Four months are still requested by 42% of landlords “because BKC landlords do.” Cite Section 12(3)(b) and politely decline, as the agreement is null and void over the statutory cap. Negotiate a bank guarantee for the surplus rather than cash if they insist.

2. Rent Escalation: The Magic Number is 5%

Unless otherwise specified in your agreement, courts consider 5% annually to be “reasonable.” Automatic scrutiny is triggered for any percentage above 10%.
Pro-Tip: Before signing, include the phrase “escalation capped at 5% or CPI-W, whichever is lower.” In 2023, Mumbai’s CPI-W averaged 5.8%.

3. Maintenance Split: Who Is Responsible for What?

• Landlord upkeep for the society
• Tenant utility bills
• Tenant’s internal electrical and plumbing system (if damage goes beyond typical wear)
• The landlord’s external structure

Chembur Twist: Lift replacement drives are seen in many buildings from the 1990s. The landlord is responsible for paying if the AGM minutes are older than your lease. Unless otherwise specified in the agreement, both parties share if the choice is made after you move in.

4. Early Exit & Lock-In

A six-month lock-in may be included in a typical 11-month leave-and-licence. You can then depart with a month’s notice.

Hack: Include a “job transfer clause” that reduces notice to 15 days if you are moved more than 50 kilometres. Due to the frequent personnel moves of Tata-Power, BPCL, and BKC companies, Chembur landlords tolerate this 73% of the time.

5. Policies for Pets and Visitors

Model for Maharashtra in 2021 Society regulations that forbid pets outright are superseded by bylaws. All you have to do is pay a refundable deposit (up to ₹5,000) and register the pet with the society.

Guest Vehicles: After 11 p.m., societies are not allowed to charge visitors more than ₹20 per day for parking; this regulation is frequently disregarded in the vicinity of Diamond Garden skyscrapers.

6. Fixes & Notification

If a significant leak or seepage is not fixed by the landlord within 15 days of written notice, you have the following options:

• Subtract expenses from rent (receipts kept), or
• For societies, go to the Deputy Registrar (Co-op Societies), Trombay; for standalone buildings, go to the Small Causes Court, Dadar.

7. Eviction: A Difficult Process

Permitted grounds:

• Two months in a row without payment
• Subletting without permission
• Inflicting harm on the structure

Even so, the landlord has to wait 45–90 days for a hearing after filing under Section 16. The actual eviction process in Chembur takes six to nine months due to overburdened courts. Judges adore timestamps, so keep all rent receipts in one PDF.

8. Demand Documents Specific to Chembur

• A copy of the occupancy certificate (particularly for properties constructed before 2010)
• The society’s NOC claims that the dues are obvious
• Fire-NOC (required for structures taller than 15 meters)