Landlord Tenant Dispute
One of the most common matters that we face in NRI cases is the question of how to evict a tenant in India. The saga of landlord-tenant disputes is not limited to just local levels. In the case of NRI properties, it becomes worse because people 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 and illegal occupants. This also ensures management and care of assets which could otherwise be in a state of deterioration or neglect. However, the landlord-tenant relationship is delicate and needs to be treated with caution. Though a full proof protection can’t be guaranteed in any situation, some common sense steps are required to be done to mitigate risks. Serving a notice to quit does not always work since these illegal occupants, in any case, are disrespecting all existing tenancy arrangements. The eviction process is a cumbersome process for overseas citizens to carry out. Residents consistently ignore eviction notices, and it is in this context that the responsibility of legal advisors increases.
It takes knowledgeable land dispute lawyers to understand and resolve such issues. We have a dedicated, experienced team of legal service experts who exclusively handle matters for NRIs and overseas citizens all across the country. We help NRIs safeguard their interest even in times of increasing value of real estate in India.
Did you know?
- Rent laws across the nation are now more in favour of the landlords than ever before-land dispute lawyers assist you in getting your property rightfully back to you in case you have a problem. Moreover, such laws with some special provisions in certain cases for NRIs, are now available in individual states making eviction comparatively a lot easier.
- Some judgments from the Honorable Supreme Court of India and the various State High Courts have very efficiently and conclusively upheld the rights of the landlords in eviction suits against the occupants.
- Special clauses such as ‘personal necessities’ have been introduced in rent laws – these clauses regulate the landlord-tenant relationship by arming the landlord with legal teeth to evict tenants. They would also prove to be an expeditious way to deal with the Rent matters in certain states.
- Evicting a tenant needn’t always be a nightmare – as property dispute lawyers, we help overseas citizens find effective solutions to these issues without having to travel to India.
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. These should preferably be of shorter duration – say, not more than 11 months.
- At the first instance of an occupant acting out of line by not depositing rent or not following instructions like making changes in the building without taking consent, the owner should get an indication that he needs to be shown the door out of his property
- If at all a legal notice sent to residents is not yielding result, then law has provisions for setting up of various rent courts all across the country for bringing them to court for conviction
- Property disputes lawyers suggest that you should enter into sound agreements with your tenants so that your legitimate rights stay protected. Even if you have to engage in a Power of Attorney agreement with some friend or relative for the tenancy, make sure it is only a specific POA and not a general one.
- It is always advised to get your tenants registered with local police stations. In some places this registration is necessary and in others it needn’t be mandatory. It is better to do this.
- 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. Owners of properties in conflict can neither enjoy the value of these nor exercise proper rental rights. Most of the time landlords have a problem evicting tenants too. It takes skilled property dispute lawyers to be able to solve these cases and restore rights to owners.
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