ATA Section 17 : Entry into Premises
Act
Summary
Section 17 of The Assam Tenancy Act, 2021, outlines the conditions under which a landlord or property manager can enter rented premises. It mandates a written or electronic notice to the tenant at least 24 hours before entry for repairs, inspections, or other reasonable causes specified in the tenancy agreement. The notice must include the day, time, and reason for entry, and entry is restricted to daylight hours. Exceptions are made for emergencies such as natural calamities, where prior notice is not required.
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Explanation using Example
Example 1: Routine Maintenance Visit
Introduction: Mr. Sharma is a landlord who owns a residential property in Guwahati, Assam, which he has rented out to Ms. Das. The tenancy agreement includes a clause allowing the landlord to enter the premises for maintenance purposes.
Application: According to Section 17(1)(a) of The Assam Tenancy Act, 2021, Mr. Sharma can enter the rented premises to carry out repairs or replacements. He decides to inspect the plumbing system, which has been reported to have minor leaks. Mr. Sharma sends a written notice to Ms. Das via email, specifying the date and time of his visit, ensuring it is at least 24 hours in advance, as required by Section 17(2).
Outcome: By following the procedure outlined in Section 17, Mr. Sharma complies with the legal requirements. Ms. Das is informed well in advance and can prepare for the visit. If Mr. Sharma had failed to provide the required notice, he could have faced legal challenges from Ms. Das for unauthorized entry, potentially leading to a dispute resolution process.
Conclusion: Compliance with the notice requirement ensures a smooth landlord-tenant relationship and avoids potential legal disputes.
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