Does a 10% rent increase clause in the contract override the 90-day notice requirement?

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Welcome,

Regarding your question, yes, it is legal for the rental contract to include a clause allowing for a rent increase after a certain period, such as 2 years, by 10% or according to RERA rules and regulations.

However, even if this clause is in the contract, the landlord is still required to give a 90-day notice before increasing the rent. This notice period is mandatory by law.

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Dear Questioner,

The agreement stipulated in the contract governs the relationship between the landlord and the tenant and does not require 90 days’ notice before the agreed-upon increase.

While the clause you mentioned is not explicitly illegal, it's important to understand its implications and the applicable RERA regulations.

Regardless of any additional terms in your contract, the landlord must give you a 90-day notice before increasing the rent.

This is according to the rental law. The law will prevail over any condition mentioned in the contract.

If you need further clarification, you may ask us.

The landlord, according to the law, must send notice of the rent increase 90 days before the contract expiration date.

Dear questioner,

It is not legal, as the law requires a 90-day notification to increase the rent. If there is a conflict between the law and the tenancy contract, the law will prevail.

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