The concern for tenanted premises is both that of the landlord and the tenant. Premises/houses/shops are given on rent/lease for managing assets and avoiding any trespassers or illegal occupation. Appropriate steps by both the landlord and tenant must be taken to mitigate risks. It is imperative for both parties to ensure the lease/rent agreement is in writing, specific, and preferably registered. You must engage property disputer lawyer/solicitors/attorneys to ensure the right of both landlord and tenant are protected.
Most states have laws pertaining to the protection of both landlords and tenants. The prescribed laws lay grounds under which the landlord can have his premises vacated from the tenant. Non-Payment of Rent, personal need, subletting, damage to the property etc. are grounds to vacate a tenant. Similarly, a tenant has a legal right to go to court and defend himself against an illegal eviction or illegal actions of a landlord.
Guidelines the landlords/owners
- The landlords must ensure verification of the tenant through the prescribed guidelines with the local police stations.
- For cases where rentals incomes are drawn are huge ensure taxes are paid in time and if the tenant deducts the tax; timely checks must be done that the same is deposited with the tax authorities by the tenants.
- Where the tenants/occupants is denying the payment of rent; the legal route should be followed for recovering the rent. The laws are categoric in most states if the tenant does not pay the rent; eviction shall follow.
- There are Special provisions for NRIs/Senior Citizens and ladies/government officials in some states for eviction of tenanted premises.
- Personal necessity or Requirement for personal use is a ground where any landlord can have the premises vacated from his existing tenants.
Guidelines the tenants/occupants
- When the demand of a landlord is unreasonable or there is nuisance created the landlord the tenant can file a suit for injunction, in an appropriate court to legally impede the landlord
- Similarly, where the landlord demands eviction and the tenant has a medical emergency or old and ailing parents or any family member living with him or her in that house; the tenant can approach the courts to restrain the landlord.
- Where the landlord deliberately avoids the acceptance of rent or alleges he has not received the due rent, then the tenant should request the landlord, through a written notice for bank account details and give statement of account in writing through his lawyer. If the landlord does not respond, the tenant has a right to send a cheque of the respective rent amount. In case, the landlord refuses to accept or does not deposit the cheque, the tenant has the right to approach the court
Contact specialists in land dispute/rent matters now for seeking more information assistance. Our legal service experts exclusively handling such matters will respond to you in 24 hours regarding your query.