UP Tenancy Act Landlord Guide for Noida and Ghaziabad

If you rent out a flat in Noida, Greater Noida, Greater Noida West or Ghaziabad, the rules that apply to you have shifted in 2026. The Uttar Pradesh Regulation of Urban Premises Tenancy Act, 2021 repealed the older 1972 rent control law. Then, in August 2026, a High Court ruling struck down some of its key sections.

This guide explains what a landlord needs to know under the UP tenancy act. It covers what is settled, what is in flux, and what to put in your agreement. It is general information, not legal advice. For a specific dispute, speak to a lawyer who practises in your district.

What changed in August 2026

The Allahabad High Court declared Sections 8, 9, 10, 38 and 42 of the 2021 Act ultra vires. The judgment was delivered on 21 August, and the sections were struck down from the date of the judgment. The court’s reasoning was that the state law conflicted with central law and did not have Presidential assent.

Three points matter for landlords:

• Sections 8 to 10 deal with rent payable and its revision, and the court held them repugnant to the Transfer of Property Act, 1882.
• The provisions that let a Rent Authority order eviction were also held repugnant to that Act.
• The court said it was not striking down the whole 2021 Act. Other sections, including the deposit cap in Section 11, were not named in the reports we could check.

What happens next is uncertain. One legal commentator notes that the state could re-notify the Act after securing Presidential assent. We could not confirm whether an appeal or a fresh law is under way. Check the current position with a local advocate before you act.

1. Put the tenancy in a written agreement

This part of the Act has not been reported as struck down. The law says premises must be let only under a written agreement, and the landlord and tenant must inform the Rent Authority of it jointly. An online guide lists Noida, Greater Noida and Ghaziabad as places where this law applies. It says a written agreement is mandatory and must be notified to a designated Rent Authority.

A sound agreement for a Noida or Ghaziabad flat should state:

• names, addresses and ID details of both parties, and the flat address
• monthly rent, due date, and how it is paid
• tenancy period and the renewal process
• security deposit and the refund conditions
• how rent will be revised, and when (see section 4 below)
• who pays society maintenance and any amenity fees
• rules on sub-letting and structural changes

One source says leases of 12 months or more must be registered. Stamp duty and registration fees differ between online sources, so confirm current charges with the sub-registrar or the IGRSUP portal before you sign.

2. Report the agreement to the Rent Authority

The Act expects landlord and tenant to inform the Rent Authority together. If they do not, there is a fallback. One summary of the ordinance says each party must inform the Rent Authority separately within one month. Another analysis says the other party can notify the authority after one month if one side fails to.

The deadlines are described differently in secondary sources, and we could not check the final prescribed form and timeline. So the safe practice is to submit the agreement as soon as it is signed. Ask your local office which form it wants.

For agreements longer than a year, the authority was to issue a unique identification number within a week and upload the details to its portal. Keep that number with your records.

3. The security deposit cap

This is the clearest rule for landlords. The deposit, as agreed in the tenancy agreement, may not exceed two months’ rent for residential premises or six months’ rent for non-residential premises. It is to be refunded when you take back vacant possession, after deducting any amount the tenant owes.

Worked example: You let a 3 BHK in Greater Noida West at ₹30,000 a month. The most you can take as deposit is ₹60,000. Asking for ₹1,50,000 (five months) would go against the cap. Note that Noida deposits of three to six months are common in the market, but the Act’s wording sets a limit for residential lets.

Deductions should be documented. The Act lets a landlord carry out repairs the tenant refuses to make and deduct the cost from the deposit. Keep bills and photos, and record the flat’s condition at move-in.

4. Rent revision and notice

This is where the law changed most. Section 9 once dealt with revising rent. Popular guides still say landlords must give at least three months’ written notice before increasing rent. But Sections 8, 9 and 10 are among those struck down, so we would not rely on that statutory notice period alone.

The court’s reasoning is useful for drafting. A report on the ruling says the Transfer of Property Act does not let a lessor raise rent unilaterally outside the lease terms. In practice, your agreement should carry the revision terms itself.

A practical clause covers:

• the date or month from which rent changes
• a fixed percentage or a fixed rupee amount
• a written notice period (many landlords choose 60 to 90 days)

Illustration: Rent is ₹25,000. Your agreement says a 5% increase after 11 months, with 60 days’ written notice. The new rent is ₹26,250, and you send notice by the end of month 9. The 5% here is only an example of a clause you and the tenant agree on. Some online articles quote a fixed state-wide cap, and we could not verify one in the Act’s text.

For genuine upgrades, the Act’s own approach was agreement first. If the landlord and tenant agree in writing before work starts and the landlord pays for an improvement, the rent can rise by an agreed amount one month after completion. That section also falls under the struck-down Section 9, so put any such deal in a signed addendum.

5. Eviction grounds and the changed route

The Act’s list of eviction grounds is the part most affected by the ruling. Under Section 21, a tenant could not be evicted during the tenancy except on listed grounds. The grounds included:

• Unpaid rent. Failure to pay arrears for two consecutive months within a month of a demand notice. The tenant could still avoid eviction by paying within that month.
• Sub-letting. After the Act began, a tenant could not sub-let or assign rights except by a supplementary agreement.
• Structural changes. Carrying out structural change or erecting a permanent structure was a ground.
• Your own need. The Allahabad High Court once held that eviction for personal use needs no prior notice to the tenant before applying to the Rent Authority.

Worked example: Rent is ₹30,000 and the tenant has missed two months, so ₹60,000 is outstanding. You send a written demand notice. If the tenant clears the dues within one month, the arrears ground no longer helps you. Record every notice and payment.

The route has changed, though. The High Court held the Rent Authority’s power to order eviction repugnant to the Transfer of Property Act. A headline on the ruling says the 1972 rent law revives to the extent required. The details are behind a paywall, so we can’t say how that applies to a given Noida or Ghaziabad tenancy.

Until things settle, a safe approach is:

1. Use the grounds above as your guide to what counts as a breach, and keep a paper trail.
2. Send written notices that match the agreement’s terms.
3. Get local legal advice on whether to go to the Rent Authority or the civil or small causes court.
4. Never lock out a tenant or cut utilities. The Act has a separate section on withholding essential supply or service.

6. Society charges for tenants

Many Noida landlords hear about this from tenants first. In 2026, tenants in several Noida high-rises were reported to be asked to pay extra for pools, gyms and clubhouses. One tenant said that on top of fixed maintenance of ₹3,000 she now pays ₹700 for the gym and ₹800 for the pool. At one Sector 74 society, an individual pays ₹500 a month and a family ₹1,000.

There is no single rule. A Noida Extension owners’ association president said no rules fix tenant charges, and it depends on each RWA or AOA. One legal explainer says a fair, uniform fee approved by the general body may be valid, while a tenant-only fee with no link to running costs is easier to challenge before the Registrar.

In this example the tenant’s costs are about 15% above the headline rent. A tenant at one society said her agreement mentioned maintenance but not a separate pool fee. That is a dispute you can avoid. Before listing, ask the AOA or RWA office for its tenant charges and rules. Then state who pays each one.

Maintenance itself is not usually optional. One guide describes a Supreme Court view that owners and tenants alike share the cost of upkeep and amenities. Treat that as a general principle and check your society’s bye-laws.

Landlord checklist for Noida, Greater Noida and Ghaziabad

• Use a written agreement and report it to the Rent Authority.
• Keep the deposit at or below two months’ rent for a home.
• Write the rent-revision date, amount and notice period into the agreement.
• Put the maintenance and amenity fee arrangement in writing.
• Keep records of rent receipts, notices, repair bills and move-in photos.
• Recheck the law before any eviction step, given the August 2026 ruling.

Choosing where to let or buy

Rules on charges and tenant access vary by society, so the location matters as much as the flat. You can read the Noida locality guide, the Greater Noida West guide or the Ghaziabad guide to compare areas. To compare projects by city and builder, use the ADiHomes projects list.

Frequently asked questions

Sources

• Allahabad High Court strikes down key provisions of UP tenancy law (Bar & Bench)
• Allahabad High Court Strikes Down Key Provisions Of UP's 2021 Tenancy Act; 1972 Rent Law Revives To Extent Required (LiveLaw)
• UP Tenancy Law: Rent Authority Cannot Override Central Laws (LawBeat)
• Allahabad High Court Strikes Down Key Provisions Of UP Regulation of Urban Premises Tenancy Act 2021 (Verdictum)
• Explained: Why Allahabad High Court Struck Down 5 Sections of U.P. Tenancy Act 2021 (Meri Sarkar)
• Judiciary, Rent Laws And Status Quoism (LiveLaw)
• Uttar Pradesh Regulation of Urban Premises Tenancy Act, 2021 (Legitquest)
• Sec 8 to 11 (Chapter III Rent), UP Regulation of Urban Premises Tenancy Act, 2021 (Vidhi Judicial)
• UP Regulation of Urban Premises Tenancy Ordinance, 2021 (SCC Online)
• Analysis of the UP Regulation of Urban Premises Tenancy Ordinance, 2021 (iPleaders)
• Allahabad High Court: prior notice not necessary for eviction for personal use (LiveLaw)
• Tenants in Noida societies cry foul: extra for gym, pool (BusinessToday)
• Want to swim in your Noida society pool? (ThePrint)
• Noida Tenants Face Extra Charges for Gym, Pool Access (Apartment Times)
• Can Your RWA Stop You From Using the Society Park? (Housewise)

Updated 20 October 2026. This article is general information, not legal or financial advice; check current rules and project details before you decide.