Examining The Impact Of Maharashtra's Tenancy Laws On Property Owners: Blessing Or Burden

Dhanshree Mukund Anjna Kulkarni (LLB), Jitendra Chauhan College of Law

ABSTRACT

Maharashtra has a long history of progressive pro-tenant regulations aiming to expand affordable rental housing access, most notably the Rent Control Act of 1999 and the Maharashtra Tenancy and Agricultural Lands (MTAL) Act of 1948. However, as these laws have strengthened tenant protections over time, they have faced growing criticism for unduly restricting the rights of property owners. This study comprehensively analyses the impact of Maharashtra's complex tenancy regime specifically from the perspective of owners of rental properties. Adopting an interdisciplinary approach, the analysis integrates legal, judicial, economical, and urban policy considerations. Key issues examined through a robust information base spanning statutory provisions, court rulings, empirical housing data, and stakeholder perspectives include - trends in tenancy litigation, rental yields over decades, investment incentives, eviction difficulties, and overall housing market efficiency. Evidence regarding declining vacant possession rates and supply shortages is evaluated to determine regulatory overreach. Qualitative inputs from property owners highlight key challenges faced like repossession delays, legal costs, and tenant exploitation enabled under legal loopholes. However, perspectives from tenant welfare groups are also incorporated regarding the criticality of minimum safeguards for vulnerable populations' housing access. Thus, through a holistic yet academically rigorous assessment of the impacts on property owners alongside the socio- economic equity considerations behind tenant protections, this study aims to advance the complex policy debate regarding balancing competing constitutional rights and interests. It constructively informs developing balanced regulatory frameworks for rental housing that align growth, efficiency, and welfare objectives.