Questions & Answers
RERA index vs rent valuation certificate: Which one prevails for rent renewal?
Dear Sir/Madam,
Would you clarify whether the Rent Valuation Certificate supersedes RERA's Index for the rent renewal contract process?
My tenancy contract is dated 05.10.2023 for renewal. I agreed to increase the rent according to RERA's Index and sent him the RERA index calculation certificate, which shows a 5% increase.
However, he replied that, according to Law 43 of the year 2013, the rental index is not the sole reference for the benchmark rent that you have shared.
According to the law, he can request a rent evaluation certificate for this apartment, which is currently 20% higher than my rent. Therefore, the rent will now have to be according to the Rent Valuation Certificate.
I proposed to him to increase the rent by 7.5% instead of the 5% calculated by the RERA calculator. However, he insists on a 20% increase.
Good day,
Hope all is well!
As long as the landlord has not re-evaluated the property rental index, he will not be able to increase it by 20%.
Even if the evaluation comes to 20% more, he will not be able to raise it by more than 5%.
Unless the rental increase comes to 30% more, in which case he can increase it by only 10%.
This is what the law states, and if you went to RDC or called them, they will confirm the same.
If you need any legal help, please reach out to me.
Thanks!
