Eviction of tenants is one of the most frequently queries that we handle from NRIs. Landlord-Tenant disputes are not limited to local levels only. In the case of NRI properties, the matter always becomes worse because people can take undue advantage of the absence of overseas citizens. Most NRIs have no option but to give their houses on rent to protect from trespassers, illegal occupants; and to manage and take care of assets which could otherwise be at risk a state of deterioration or neglect.
However, the landlord-tenant relationship is a sensitive one and needs to be treated with immense prudence. We cannot always ensure a completely fool proof protection methodology, but there are definitely certain precautions that can be taken so that the risks stand reduced. Even if they were to be served a notice to quit it wouldn’t necessarily always – the illegal occupants, are adept at disrespecting all tenancy arrangements. Hence, legal advisors have to be careful about the rights of NRIs and protect the same.
We, at NRI Legal Services, have a committed and experienced team of legal service experts who exclusively handle matters for NRIs and overseas citizens all across the country without having them to travel to India.
Did you know?
- Rent laws across the nation are now more in favor of the landlords than ever before and with some special provisions in certain cases for NRIs eviction has become comparatively easier.
- Some judgments from the Honorable Supreme Court of India and High Courts have conclusively upheld the rights of the landlords in eviction suits.
- Special clauses such as – personal necessities have been introduced in rent laws arming the landlord with legal teeth to carry out an eviction.
As far as factors unique to these conflict issues are concerned it is good to have proper legal agreements that safeguard the interests of the landlord.
- Rent/lease agreements should be properly defined, written and signed by both parties.
- Registration of these documents is a must.
- Most landlords are better off if they enter into Leave and License agreements with the tenants which are preferred to be of shorter duration.
- At the first instance of an occupant acting out of line, the owner should get an indication that he needs to be shown the door out of his property
- If the legal notice sent to residents is not yielding a result, then the law has provisions for setting up rent courts all across the country for bringing them to conviction.
- Property dispute lawyers suggest that you should enter into sound agreements maybe even engage in specific Power of Attorney with your tenants so that your legitimate rights stay protected.
- It is always advised to get your tenants registered with local police stations.
- Property agreements need to be renewed as and when required. Rental payments should frequently be checked.
It is important for the tenants also to understand and realize their responsibility too. Although there are tenancy and rent-related laws in all Indian States conflicts still arise and more so in the case of NRIs who cannot oversee their properties always very well.