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| + | ====== Goa Tenant Verification Act 2024: Owner Duties ====== | ||
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| + | //Last reviewed: 3 September 2026.// | ||
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| + | <WRAP center round info 95%> | ||
| + | **Quick reply:** If you rent out a house, flat or room in Goa, you must check your tenant' | ||
| + | </ | ||
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| + | Goa now has its own standalone tenant verification law, and it puts the legal duty on you as the property owner rather than on the tenant or the broker. Most landlords in Goa still treat police verification as an optional formality that someone else handles. Since 24 October 2024 that is no longer correct, and the penalty falls on the owner. | ||
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| + | <WRAP info> | ||
| + | The Goa (Verification of Tenants) Act, 2024 (Goa Act 26 of 2024) came into force on 24 October 2024. Section 3 requires every owner to inspect a tenant' | ||
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| + | ===== Does this law apply to you? ===== | ||
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| + | ^ Your situation ^ Covered by the Act? ^ Why ^ | ||
| + | | You let a flat or house to a family on rent | **Yes** | It is a premises let for use as a residence under section 2(c) | | ||
| + | | You let one room in your house to a working tenant | **Yes** | Section 2(c) covers any part of a house or structure let as a residence | | ||
| + | | You let a place for no rent but for other consideration | **Yes** | Section 2(e) defines a tenant as a person occupying on rent **or for other consideration** | | ||
| + | | You let a temporary structure or outhouse as a home | **Yes** | Section 2(c) covers temporary or permanent structures, and outhouses | | ||
| + | | You run a hotel, lodging house or guest house registered under the Goa Registration of Tourist Trade Act, 1982 | **No** | Section 2(c) expressly excludes such registered rooms | | ||
| + | | You let a shop, office or godown, with nobody living there | **No** | The definition of premises is limited to accommodation let for use as a residence | | ||
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| + | If your case falls in a **Yes** row, sections 3, 4 and 5 apply to you personally as the owner. | ||
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| + | ===== What the Act actually requires ===== | ||
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| + | The Act is short, and the whole citizen-facing duty sits in three sections. | ||
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| + | **Section 3(1): verify before you let, not after.** Every owner shall, before allowing accommodation to any tenant in the State of Goa, verify the tenant' | ||
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| + | **Section 3(2): keep a record and submit it.** Every owner must maintain a record of the tenant and submit that information in the form and manner, and to the officer, that the rules prescribe. | ||
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| + | **Section 4: the police can inspect at any time.** A police officer **not below the rank of Head Constable**, | ||
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| + | **Section 5: the penalty.** Failure to maintain and submit the information as required by section 3 is an offence punishable with a **fine which may extend to Rs 10,000**. The proviso allows the offence to be **compounded by the Sub-Divisional Magistrate** in whose jurisdiction the premises is situated, on payment to the Government of a sum not exceeding Rs 10,000. | ||
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| + | **Section 7** makes clear the Act is in addition to, and not in derogation of, any other law in force. So a general police requirement or a society rule does not replace this duty, and this duty does not cancel those. | ||
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| + | ===== An honest gap you should know about ===== | ||
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| + | Section 3(2) says the record must be submitted **in such form and in such manner and to such officer, as may be prescribed**. Section 9 gives the Government power to make rules for carrying out the Act. The operative detail, meaning the exact form, the exact officer and the exact deadline, therefore lives in rules made under section 9, not in the Act itself. | ||
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| + | We could not confirm, from the Act text published on India Code, that those rules have been notified, and we are not going to invent a form number or a submission deadline for you. This is exactly the kind of question the Right to Information Act, 2005 is built for. Use the RTI route below to get the current position in writing from the department itself, and keep that reply on file as your evidence of compliance. If you are new to the process, start with [[https:// | ||
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| + | ===== Step by step: how to comply as a Goa owner ===== | ||
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| + | - **Ask for photo ID before the keys change hands.** Collect one of the documents named in section 3(1): election card, driving licence, Aadhaar card or passport. Inspect the original, do not rely on a photo sent on WhatsApp. | ||
| + | - **Keep a legible copy with the date.** Note the date you inspected the original. If you accept an Aadhaar card, use a masked Aadhaar copy so the full number is not sitting in your file. | ||
| + | - **Record every occupant, not only the person who signs.** Section 2(e) defines a tenant as any person occupying the premises on rent or for other consideration, | ||
| + | - **Open a simple tenant register.** One row per tenancy: tenant name, permanent address, ID type and number, phone number, start date, end date. Section 4 lets a Head Constable or above ask for this at any time. | ||
| + | - **Submit the details to the police.** File the information through your local police station in Goa, and ask for an acknowledgement with a date stamp or a reference number. The acknowledgement is the proof that protects you under section 5. | ||
| + | - **Confirm the prescribed form by RTI.** File an RTI with the Goa Police to obtain the notified rules, the prescribed form and the officer designated under section 3(2). Use the sample letter below. | ||
| + | - **Repeat for every new tenant.** The duty attaches to each letting, so a renewal with a new occupant needs a fresh check and a fresh record. | ||
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| + | ===== Documents to keep on file ===== | ||
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| + | * Copy of the tenant' | ||
| + | * Your tenant register entry for that tenancy. | ||
| + | * The rent agreement or leave and licence agreement, if any. | ||
| + | * The police acknowledgement or receipt for the information you submitted. | ||
| + | * Any RTI reply confirming the prescribed form and the designated officer. | ||
| + | * Photographs of the premises let, useful if the tenancy is later disputed. | ||
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| + | ===== Common mistakes owners make ===== | ||
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| + | * **Verifying after move in.** Section 3(1) requires the check **before** allowing accommodation. A check done a month later does not meet the wording of the section. | ||
| + | * **Assuming the broker did it.** The Act places the duty on the **owner**. An agent' | ||
| + | * **Thinking a short let is exempt.** The Act sets no minimum tenancy period. The exemption in section 2(c) is for rooms in hotels, lodging houses and guest houses **registered** under the Goa Registration of Tourist Trade Act, 1982, not for short stays generally. If you take paying guests in an unregistered property, read [[https:// | ||
| + | * **Treating a rent free arrangement as outside the Act.** Section 2(e) covers occupation for rent **or for other consideration**. | ||
| + | * **Keeping no acknowledgement.** Without proof of submission you cannot show compliance with section 3(2) if a Head Constable inspects under section 4. | ||
| + | * **Storing a full unmasked Aadhaar number.** Keep a masked copy. The Act asks you to inspect photo identity, not to build an Aadhaar database. | ||
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| + | <WRAP center round box> | ||
| + | **An illustrative situation (not a named person).** An owner in North Goa lets a two bedroom flat to a tenant in November 2024. The broker arranges everything and the owner never sees an ID. In a routine check the following year, a Head Constable asks under section 4 for the tenant record and finds none. The owner has no ID copy, no register entry and no police acknowledgement, | ||
| + | </ | ||
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| + | ===== Sample RTI letter to pin down the prescribed form ===== | ||
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| + | < | ||
| + | To | ||
| + | The Public Information Officer | ||
| + | Goa Police Headquarters, | ||
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| + | Subject: Information under Section 6(1) of the Right to Information Act, 2005 | ||
| + | regarding rules and forms under the Goa (Verification of Tenants) Act, 2024 | ||
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| + | Sir/Madam, | ||
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| + | Please provide the following information: | ||
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| + | 1. A copy of the rules, if any, notified under Section 9 of the Goa | ||
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| + | 2. The form prescribed under Section 3(2) of the said Act in which an owner | ||
| + | must submit tenant information, | ||
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| + | 3. The designation and office address of the officer to whom an owner in | ||
| + | [your taluka] must submit the information under Section 3(2). | ||
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| + | 4. Any notification issued under Section 3(1) specifying documents of photo | ||
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| + | and passport named in the Act. | ||
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| + | 5. The number of prosecutions launched under Section 5 of the said Act, | ||
| + | year wise, from 24 October 2024 to the date of this application. | ||
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| + | If any part of this request is held by another public authority, please | ||
| + | transfer that part under Section 6(3) of the RTI Act, 2005 within five days. | ||
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| + | I enclose the prescribed application fee. Please supply the information | ||
| + | within 30 days as required by Section 7(1). | ||
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| + | Yours faithfully, | ||
| + | [Name] | ||
| + | [Full postal address] | ||
| + | [Phone / email] | ||
| + | [Place, Date] | ||
| + | </ | ||
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| + | If the reply does not arrive within 30 days, that silence is a deemed refusal and you can move to a first appeal under section 19(1). The [[https:// | ||
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| + | ===== Frequently asked questions ===== | ||
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| + | ==== When did the Goa Verification of Tenants Act come into force? ==== | ||
| + | Section 1(3) said the Act would come into force on a date the Government appointed by notification. India Code records the enforcement date as 24 October 2024, against an enactment date of 18 October 2024. So the duties have been live since 24 October 2024. | ||
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| + | ==== Who is punished if the tenant gives a fake ID, the owner or the tenant? ==== | ||
| + | Section 5 penalises the **owner** for failing to maintain and submit information as required by section 3. Your protection is to inspect the original document and keep a dated copy, which shows you carried out the verification the section asks for. | ||
| + | |||
| + | ==== Does this apply if I rent out just one room in my own house? ==== | ||
| + | Yes. Section 2(c) defines premises to include any part of a house, flat, building or structure let for use as a residence, so letting a single room brings you within the Act. | ||
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| + | ==== I run a guest house. Am I exempt? ==== | ||
| + | Only if the room is in a hotel, lodging house or guest house **registered** under the Goa Registration of Tourist Trade Act, 1982 (Goa Act 10 of 1982). That is the exclusion written into section 2(c). An unregistered property does not get the exemption. | ||
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| + | ==== Can the police inspect my tenant records without notice? ==== | ||
| + | Yes. Section 4 entitles a police officer not below the rank of Head Constable, or another officer specified by gazette notification, | ||
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| + | ==== What is the maximum fine and can it be settled without a trial? ==== | ||
| + | The fine may extend to Rs 10,000 under section 5. The proviso to section 5 allows the offence to be compounded by the Sub-Divisional Magistrate in whose jurisdiction the premises is situated, on payment to the Government of a sum not exceeding Rs 10,000. | ||
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| + | ==== Which ID documents count under the Act? ==== | ||
| + | Section 3(1) names the election card, driving licence, Aadhaar card and passport as examples of photo identity, and allows the Government to specify other documents by notification in the Official Gazette. Ask for the current notified list by RTI rather than assuming. | ||
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| + | ==== Does this replace the usual police verification form? ==== | ||
| + | No. Section 7 says the Act is in addition to, and not in derogation of, any other law in force. Treat it as a statutory duty sitting on top of whatever procedure your local police station already follows. The general process is covered in [[https:// | ||
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| + | ===== Sources ===== | ||
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| + | * [[https:// | ||
| + | * India Code item metadata for the same Act, recording enactment date 18 October 2024 and enforcement date 24 October 2024. | ||
| + | * [[https:// | ||
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| + | ===== Related on RTI Wiki ===== | ||
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| + | * [[https:// | ||
| + | * [[https:// | ||
| + | * [[https:// | ||
| + | * [[https:// | ||
| + | * [[https:// | ||
| + | * [[https:// | ||
| + | * [[https:// | ||
| + | * [[https:// | ||
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