Some common property disputes faced by NRIs in India include illegal occupation by tenants, fraudulent sales or transfers by caretakers, unauthorized sales, title disputes, illegal construction, inheritance and partition disputes within families, and payment issues with rent, electricity, taxes, etc.
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What happens if tenants overstay after the rental agreement expires?
Tenants become liable for eviction if they overstay lease expiry without permission unless the rent agreement is formally renewed with landlord consent.
Can tenants sublet a portion of the rented property to another party without informing the landlord?
Tenants require consent from the landlord as per the agreement to sublet any part of the rental property, failing which can be grounds for eviction.
Can landlords increase rent by any amount they want under rent control laws?
No, most states cap periodic rent increases by 10-15% over 3-5 years. Arbitrary increases are prohibited.
How much notice must landlords provide before entering the rental premises for inspection?
Most state laws mandate landlords provide tenants at least 24-48 hours advance notice before entering for inspection and repairs to respect tenant privacy.
Can landlords cut off a tenant’s water or electricity supply if they fail to pay rent?
No, landlords cannot take such extra-legal measures to coerce tenants to vacate. Denial of essential utilities is an illegal constructive eviction, and tenants can notify authorities.
What are tenant responsibilities under rent control laws in India?
Key tenant duties include:
- Paying rent in full and on time.
- Avoiding property damage.
- Allowing the landlord reasonable entry for inspection and repairs after due notice.
- Inform the landlord before moving out as per the agreement.
How can rental disputes be resolved amicably without going to court?
Landlords and tenants can mutually opt for alternate dispute resolution through mediation, where a neutral third party facilitates negotiation, or arbitration, where an independent arbitrator reviews evidence and makes a binding decision.
Can landlords evict tenants immediately without any notice?
No. Landlords must follow due process and issue proper advance eviction notices for 1-3 months, depending on state law, before initiating eviction proceedings through the rent controller.