Landlord Tenant Disputes
A very common problem which NRI’s living overseas face nowadays in tenancy disputes. As NRI’s after renting their own property move abroad, there is no fear left in the tenants regarding the use of the property. The tenants after sometime start treating them as the actual owner of the property. A frequent mistake NRI’s make, is not changing the tenancy after some time interval. People then take advantage of this situation. In absence of the owner tenants misuse the property and start treating the property as their own.
Problems which arise between NRI Landlord and tenants:-
NRI people most of the time are living in foreign nations. The properties they own in India is left by them here. To take care of the property NRI’s generally use tenancy. By tenancy they can two benefits, Firstly the property is kept safe and well maintained and secondly they start earning from the vacant property.
Further tenancy agreement
Tenants in absence of landlords start treating themselves as landlords. Tenants become greedy in nature. In greed to earn money tenants starts further housing tenants in the property. Landlords unaware of this situation loose complete control over the property. Tenants on being owner of the property for many years starts assuming themselves as the actual owner of the property. As the landlords are not visiting their properties more often, these Mala fide practice become easy.
Illegal transfer of property
Tenants are left with possession of the property belonging to NRI’s. Tenants to gain personal interest transfers property illegally in name of self. After transfer tenants convert property in their own name for their own use. As tenants are in possession of the property from a long time, it becomes hard to evict them from the possession. NRI’s face this kind of problem very often, as tenants are left with complete control of the property.
Illegal sale of the property
One more situation which may arise between the NRI’s and tenants is illegal sale of the property. Tenants taking benefit out of the possession of the property forge fake documents. With motive of making extra money and to satisfy their own greed they sell the property acting as an owner of the property.
Special provisions for NRI’s in rent laws: – Rent laws after amendments are now more in favor of the Landlord than tenants. These rent laws have special provisions for NRI people. These clauses mentioned in rent laws can be used as a legal remedy and relief can be sought from the court.
Eviction of Tenants: – There are some remedies mentioned in the rent laws which are based on motive to evict tenants. An example of these clause is personal necessity clause. Law now empowers the landlord to evict tenant legally and to gain rightful possession.
Solid legal documents: – Proper documentation should be done before handing over the property to the tenants. The documents shall be made in agreement form between landlord and tenant. The agreement made shall contain all the mandatory clauses required. These clauses shall contain the time period of limitation. The tenancy shall be regulated timely and property shall not be kept with one person alone. These documents shall then be registered and attested and a copy of which shall be kept by both parties.
Property lawyers: – An NRI affected by dispute with tenant can take help from best property lawyers. The property lawyer will guide the person throughput the whole process. A legal notice can be served with the help of property lawyers to the tenants to evict them from the illegal possession of the property. If not replied by the legal notice the said NRI can seek legal remedy by filing civil suit in the court.
Our Team of practicing lawyers can be contacted to seek legal remedy and guidance in tenancy disputes. Our team of qualified and skilful lawyers have been practicing in the field of property law. Our team have handled many kinds of NRI disputes and are well aware of every situation. We offer video and on call counselling for clients. Walk in discussion of problems is also available through our legal advisor team.