DRAFT ODISHA URBAN AREA RENT CONTROL ACT 2026
DRAFT ODISHA URBAN AREA RENT CONTROL ACT 2026
Housing & Urban Development Department, Govt of Odisha – File No. HUD-HU-MISC-0002-2019
Total Clauses
47 Clauses
Total Chapters
8 Chapters
Department
Housing & Urban Development
Repeals
Orissa House Rent Control Act 1967
Tenancy Agreement
Mandatory Written
Must be informed to Rent Authority
Rent Authority
Deputy Collector Rank
Appointed by District Collector
Rent Court
Addl. Collector Rank
Disposal within 60-90 days
Act Overview
- Objective: To establish Rent Authority to regulate renting of premises and to protect the interests of landlords and tenants and to provide speedy adjudication mechanism for resolution of disputes.
- Extent: Extends to the whole of the State of Odisha.
- Commencement: Shall come into force on such date as the State Government by notification in the Official Gazette appoints.
- Repeal: Repeals The Orissa House Rent Control Act, 1967 and The Orissa House Rent Control (Amendment) Act, 1974.
- Override Effect: Provisions of this Act would have an overriding effect over the repealed Acts to the extent provided in this Act.
Chapter-wise Arrangement of Clauses
CHAPTER I – PRELIMINARY (Clauses 1-3)
- Clause 1: Short title, extent, and commencement
- Clause 2: Definitions – landlord, tenant, premises, rent, property manager, rental agent, Rent Authority, Rent Court, Rent Tribunal
- Clause 3: Act not to apply to certain premises – Government premises, company housing, religious/charitable institutions, Waqf premises
CHAPTER II – TENANCY (Clauses 4-7)
- Clause 4: Tenancy agreement – mandatory written agreement, inform Rent Authority and Police within 2 months, digital platform, unique ID
- Clause 5: Period of tenancy – valid for agreed period, renewal, enhanced rent on overstay, force majeure provision
- Clause 6: Rights and obligations of successor in case of death
- Clause 7: Restriction on subletting – supplementary agreement required
CHAPTER III – RENT (Clauses 8-11)
- Clause 8: Rent payable – as agreed in tenancy agreement
- Clause 9: Revision of rent – by agreement, increase for improvements/structural alterations
- Clause 10: Rent Authority to determine revised rent in case of dispute
- Clause 11: Security deposit – max 2 months for residential, max 6 months for non-residential
CHAPTER IV – RIGHTS AND OBLIGATIONS (Clauses 12-20)
- Clause 12: Original tenancy agreement to be retained by both parties
- Clause 13: Rent payment and receipt – electronic payment proof
- Clause 14: Deposit of rent with Rent Authority if landlord refuses
- Clause 15: Repair and maintenance – Second Schedule division of responsibilities
- Clause 16: Tenant to look after premises – no intentional damage
- Clause 17: Entry into premises – 24 hours notice, sunrise to sunset
- Clause 18: Information as to property manager
- Clause 19: Duties of property manager and consequences of violation
- Clause 20: Withholding essential supply or service – compensation up to 2 months rent
CHAPTER V – EVICTION AND RECOVERY (Clauses 21-29)
- Clause 21: Eviction grounds – non-payment, subletting without consent, misuse, landlord's need for repairs/reconstruction
- Clause 22: Eviction in case of death of landlord – bonafide requirement by legal heirs
- Clause 23: Enhanced rent for refusal to vacate – 2x for first 2 months, 4x thereafter
- Clause 24: Refund of advance rent by landlord with interest
- Clause 25: Payment of rent during eviction proceedings
- Clause 26: Permission to build additional structures
- Clause 27: Special provision regarding vacant land
- Clause 28: Vacant possession to landlord
- Clause 29: Notice of giving up possession by tenant – minimum 1 month
CHAPTER VI – RENT AUTHORITIES AND APPEALS (Clauses 30-32)
- Clause 30: Rent Authority – officer not below Deputy Collector rank
- Clause 31: Powers and procedure of Rent Authority
- Clause 32: Appeals to Rent Court within 30 days
CHAPTER VII – RENT COURTS AND TRIBUNALS (Clauses 33-38)
- Clause 33: Rent Court – Addl. Collector/ADM or equivalent rank
- Clause 34: Rent Tribunal – District Judge/Addl. District Judge
- Clause 35: Procedure – natural justice, 60-day disposal, max 3 adjournments
- Clause 36: Powers – civil court powers, judicial proceedings, inspection
- Clause 37: Appeal to Rent Tribunal within 30 days, disposal within 60 days
- Clause 38: Execution of orders – possession, bank attachment, police help
CHAPTER VIII – MISCELLANEOUS (Clauses 39-47)
- Clause 39: Officers and employees of Rent Authority, Rent Court and Rent Tribunal
- Clause 40: Jurisdiction of civil courts barred
- Clause 41: Court fees
- Clause 42: Members deemed public servants
- Clause 43: Protection of action taken in good faith
- Clause 44: Power to make rules
- Clause 45: Laying of rules before State Legislature
- Clause 46: Power to remove difficulties (2-year window)
- Clause 47: Repeal and savings – pending cases continue under old Act
Key Highlights of the Draft Act
- Mandatory Written Tenancy: No verbal tenancies allowed after commencement. Must be informed to Rent Authority and local Police within 2 months.
- Digital Platform: Rent Authority must establish digital platform in local vernacular language within 3 months of appointment.
- Security Deposit Cap: Maximum 2 months' rent for residential premises, 6 months' rent for non-residential premises.
- Essential Services Protection: Landlord cannot withhold water, electricity, gas, lifts, parking, security. Compensation up to 2 months' rent for violation.
- Speedy Disposal: Rent Court to dispose cases within 60 days (90 days for eviction, 30 days for misuse/subletting cases).
- Force Majeure Protection: Tenant can continue for 1 month after cessation of war, flood, fire, cyclone, earthquake. No rent charged if premises uninhabitable.
- Maintenance Division: Clear Second Schedule dividing repair responsibilities between landlord (structural, plumbing, wiring) and tenant (taps, drains, fixtures).
- Entry Restrictions: Landlord must give 24 hours written notice, entry only between sunrise and sunset except emergencies.
- Property Manager Regulation: Defined duties, authorization requirements, and penalties for contravention.
- Civil Court Bar: No civil court can entertain suits relating to this Act's provisions. Rent Court has exclusive jurisdiction.
Schedules
- First Schedule: Form for Information of Tenancy – includes landlord/tenant details, PAN, Aadhaar, rent amount, duration, property manager details, photographs, and enclosures (tenancy agreement, self-attested PAN/Aadhaar copies).
- Second Schedule: Division of Maintenance Responsibility – Part A (Landlord): structural repairs, whitewashing, plumbing pipes, electrical wiring. Part B (Tenant): tap washers, drain cleaning, water closet, wash basin, geyser, circuit breaker, switches, kitchen fixtures, knobs/locks, fly-nets, glass panels, garden maintenance.
Frequently Asked Questions
What is the Draft Odisha Urban Area Rent Control Act 2026?
It is a proposed legislation to regulate renting of premises in Odisha, establish Rent Authority, Rent Courts and Rent Tribunals, and protect interests of both landlords and tenants. It repeals the Orissa House Rent Control Act 1967.
Who is a Rent Authority under this Act?
The District Collector appoints an officer not below the rank of Deputy Collector as the Rent Authority within his jurisdiction, with State Government approval.
What is the maximum security deposit allowed?
For residential premises, security deposit cannot exceed 2 months' rent. For non-residential premises, it cannot exceed 6 months' rent.
Can a landlord evict a tenant easily?
No. Eviction is permitted only on specific grounds like non-payment of rent for 2 consecutive months, subletting without consent, misuse of premises, or landlord's genuine need for repairs/reconstruction. The Rent Court must pass an order.
What happens if a tenant refuses to vacate after tenancy ends?
The tenant must pay twice the monthly rent for the first 2 months and four times the monthly rent thereafter until vacating.
How quickly will disputes be resolved?
The Rent Court shall endeavor to dispose cases within 60 days. Eviction applications within 90 days, and misuse/subletting cases within 30 days. Appeals to Rent Tribunal within 60 days.
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