Landlord Tenant Dispute
Landlord and Tenants Dispute In India
In real estate, disputes between landlord and tenant have always been contentious and frustrating, from disagreements upon tenant-landlord issues, such as rental problems, lease terms, monthly payments, property maintenance, and eviction, to security deposit issues. These conflicts generally lead to legal issues that result in financial hardships and strained relationships for both parties.
Generally, tenants have concerns with maintenance and upkeep, lease termination, unjust evictions, discrimination, or illegal rent increases. On the other hand, landlords have issues with renters who don’t pay rent, damage the property, break the lease agreement, etc.
Recently, the government of India has also brought the Union Cabinet’s Model Tenancy Act, 2021, to outline the rights of tenants and landlords, making this sector more organised and transparent.
Resolving landlord-tenant disputes is crucial for various reasons. These disagreements may have a significant effect on landlords, renters, and the rental market. Here are some critical reasons to resolve such disputes:
Fair and Just Outcomes: Resolving landlord-tenant disputes assures fair and just solutions for all parties. It addresses landlord and tenant disputes to protect their rights and responsibilities.
Preserving Relationships: Resolving Landlord-tenant dispute cases helps landlords and renters get along. This is especially crucial for long-term rentals since a healthy landlord-tenant relationship gives renters a feeling of security and stability and benefits landlords by attracting trustworthy and responsible tenants.
Legal compliance: Dispute resolution mechanisms enforce legal commitments and encourage landlord-tenant legislation compliance. This ensures both parties comply with their legal rights and duties.
Tenant Protection: Tenants may defend their rights and seek retribution for living conditions, illegal eviction efforts, rent hikes, or unfair security deposit deductions through resolving disputes. Vulnerable renters need this protection since they may not know how to navigate legal procedures.
The Transfer of Property Act of 1882 and the Rent Control Act of each state is the primary legal frameworks that govern landlord-tenant dispute cases in India.
Rights and obligations of the landlord
Right to demand payment: The landlord can demand payment for the rented property, including raising the rent. Landlords must establish rental prices at market rates. Landowners are legally entitled to periodically increase the rent at a predetermined rate, outlined in the agreement or following the rates authorised by the government.
Revealing Material Defect: The landlord should reveal any concealed material defect in the property to the tenant. However, when defects are readily observable or insignificant to the tenant, they are considered patent defects. In such instances, the landlord is not legally required to disclose the presence of the defect.
Interference with Property: The landlord must allow the renter to utilise the property lawfully and maintain the property.
Rights and Obligations of the Tenant
Rental Compensation: The tenant must is responsible for remitting certain levies, such as taxes and utilities, which are to be paid to the lessor as a form of rental compensation.
Security Deposit: The lessee is obligated to pay a security deposit in lease agreements to guarantee compliance. The landlord may use the money to fix the tenant’s non-payment or other contract violations.
Duty to not erect any permanent fixture: The tenant is obligated not to harm the property or remove any fixture from the premises that may harm the property. And the tenant is also responsible for leaving the place exactly in the condition it was given to the tenant.
Duty to maintain the property: The lessee is responsible for upholding the property’s upkeep to the standard it was in when they initially took possession of it. The lessor or their representative can conduct a property inspection based on reasonable grounds. This liability can only be exempted by alterations resulting from forces that are impossible to resist.
Ahalawat and Associates is one of the best firms that provide Landlord tenant dispute lawyers in Delhi. It helps in resolving landlord-tenant disputes in India thoroughly. We protect the rights of the landlord and tenant and offer the best possible solutions promptly and efficiently.
Our firm assists in the matters of legal entitlements of landlords, encompassing eviction protocols, rent control regulations, disputes about security deposits, maintenance concerns, unlawful eviction, rental rate hikes and many more.
1. Is it necessary to register a lease or rent agreement?As per section 17 of the Registrant Act 1908, the registration of a rent agreement is compulsory. The tenure of the same is beyond one year. Whereas, in the case of less than a year tenure, only a stamp duty charge will be applicable, and registration will not be compulsory.
2. Can a landlord evict without a court order?A landlord is required to obtain a court order before evicting a tenant. The legal procedure for eviction in India is regulated by distinct state laws, including the Rent Control Acts that govern the eviction of tenants.
3. How do Indian landlords remove tenants legally?A landlord may evict a tenant in India by filing a lawsuit. The criteria for eviction may differ based on the tenancy act in force within the respective jurisdiction. The lessee possesses the right to challenge the eviction notice before a court of law.
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