landlords rights in india

[kkt]

Dear Sir,
I LIKE TO HAVE VIEWS OF EXPERTS PLEASE.
In jan-07,i rented out my house (ground floor) IN INDIA with no written agreement. The tenant paid rents in cash for few months,afterwards,he stopped paying the same.At the same time ,he refused to quit from the house.Police in this regard seems to be helpless.Kindly guide how to evict this tenant in india legally AND in a faster way.
thanks in anticipation

[OHlandlord]

I am no expert on international evictions, however...

In the US, when a tenant stops paying rent, the landlord delivers a notice to the tenant to pay or quit within a certain number of days (pay the rent or leave the premises). The actual notice and amount of days varies by state. If the tenant does not abide by the notice, we go to the local court and file for an eviction of the tenants. The court notifies the tenant that they are being sued for eviction and the tenant has the right to be heard in court about why they should not be evicted. If they have failed to pay rent, it is usually a very quick case since the tenant has no excuse for not paying. When the judge grants an eviction, the local police go to the property and carry the tenant's possessions out of it. (The police cannot remove the tenant or his possession before a court order is issued.) The landlord/owner is then free to change the locks and re-rent the unit. Call the local court in your area and ask if they have a procedure similar to this and what the cost is. Our courts have blank forms that they will give you to do an eviction. Your area may have the same. Good luck.

Some other thoughts for you:

The Lease Agreement transfers the right of ownership to the tenant for an indefinite period of time, which can be problematic because it encourages the tenant to claim the right to permanent occupation. In numerous cases, tenants have refused to relocate. When brought to court, these cases can take years to resolve.

Most landlords prefer a Lease and License Agreement. This agreement only grants the tenant a license to occupy the property for a period of 11 months, with an option for periodic renewal. Because the rent control laws (which are largely in favor of tenants) only apply for lease agreements of at least 12 months, establishing an 11-month agreement serves as a pre-emptive measure.

To avoid complications, since landlord prefer these agreements, we will only discuss Leave and License agreements for the rest of the article.

Deposits
Prior to occupancy, tenants usually pay a security deposit of three months’ rent. This is usually refundable at the end of the contract, if no other liabilities have been left unsettled. Deposits are expected to be returned within a month after the end of the tenancy, or as stated in the contract. Until the deposit is returned, contracts commonly stipulate that interest must be charged on the deposit, computed at a daily rate. Advance payments for six months up and full payment for 11 months are popular.

What rights do landlords and tenants have in India, especially as to duration of contract, and eviction?
Since Lease and License Agreements are designed to escape restrictive regulations, all terms are governed by agreement between landlord and tenant. Aside from the most basic condition that the tenancy is only for 11 months, everything must be stated in the contract.

Typical contracts include a provision that, if either party wishes to prematurely terminate the contract, three month’s notice must be given.

The typical agreement also prohibits subleasing. To deter tenants from overstaying, experts recommend including a clause quadrupling the rent if the tenant does not leave when the contract ends.

Court proceedings of any type should be avoided at all times. Well-defined contracts will greatly help landlords to convince tenants that they (the landlords) are likely to win the case in court.

[OHlandlord]

US specific: In the US, a lease agreement gives you NO right of ownership whatsoever. It allow you the exclusive right to ocupy and use the premises for that period of time within the confines of the agreement, but conveys no ownership rights at all. Many tenants mistake a lease for this and thus do not wish to leave at the end. A lease with option to buy (commonly called lease to own) can convey some ownership rights, but only once the right to purchase is exercised. Until then, no ownerships rights are present there either. Under rent control laws, leases of one year or longer do convey a continued right to occupancy of the premises.

Deposits, by definition, are refundable. The time length to return them varies by area and state laws, in addition to the time period stated in the contract. This time can vary from 14 days to 60 days depending on a property's area. In the US, only a few areas (16) require interest be paid on deposits, then there are regulations on when and how much must be paid. In my area, many LLs will refuse to accept advance payments of rent for more than one month as other regulations govern their acceptance. Notice to terminate or vacate may be given for one month agreements with 30 days notice. Yearly leases can be broken if a LL does not live up to his obligations or if one of a few federally recognized reasons are in place. Leases do not give either party the right to teminate prematurely. A tenant cannot just give 3 months notice to leave. A LL cannot terminate a lease without just cause either. If a tenant does not have just cause to break or terminate a lease, he can be found liable for some of the remainder owed on the lease in court. If a LL attempts to terminate a lease without just cause, he can be held liable for damages to the tenant. Leases can also be written with termination penalties in them that must be paid if the tenant terminates the contract early without just cause.

Also, in the US no clause in a contract may violate state law. If a contract is in violation of the law, that section of a contract is deemed null and void. Law governs what can and can't be done, not contract clauses. Only if law doesn't apply to a clause, or if it is in agreement with state law, can the clause be legal.

That said, you will have to research if there are any eviction proceedings in your country's law. We can usually fnd this out by calling or visiting our local court and making inquiries. Please research your rights as the owner and tenants' rights and let us know.

[kkt]

I am no expert on international evictions, however...

In the US, when a tenant stops paying rent, the landlord delivers a notice to the tenant to pay or quit within a certain number of days (pay the rent or leave the premises). The actual notice and amount of days varies by state. If the tenant does not abide by the notice, we go to the local court and file for an eviction of the tenants. The court notifies the tenant that they are being sued for eviction and the tenant has the right to be heard in court about why they should not be evicted. If they have failed to pay rent, it is usually a very quick case since the tenant has no excuse for not paying. When the judge grants an eviction, the local police go to the property and carry the tenant's possessions out of it. (The police cannot remove the tenant or his possession before a court order is issued.) The landlord/owner is then free to change the locks and re-rent the unit. Call the local court in your area and ask if they have a procedure similar to this and what the cost is. Our courts have blank forms that they will give you to do an eviction. Your area may have the same. Good luck

Dear sir,
thank u very much for entertaining and giving legal advice.Further, i had one query on this matter.Where is the evidence that the tenant is not paying, as earlier he paid in cash, afterwards he stopped paying.I fear that he may lie in the court also.If u donot feel disturbed,kindly guide me on the query raised please.
thanks again,
kkt

[OHlandlord]

If a tenant pays by personal check, bank check, or money order, his receipt is his bank (check) book or his copy of the payment form. If the tenant pays rent in cash, we generally write a reciept to the tenant for each month he pays stating 1)who paid it, 2)how much was paid, 3)what it was for, 4)what time period the rent covers, then 5)we sign and date it. We keep a copy of this receipt for ourselves. Many LLs also record payments on a ledger or sheet for each tenant showing when he paid. If you have not written receipts to a tenant for his cash payments, can you show bank records of where you deposited the money in your account (then a lack of payments deposited when he stopped paying rent) or a witness that will state he paid up to a certain date? Can you produce someone who will testify that you made several attempts to try and get the tenant to pay the rent as he agreed, but that you were unable to get him to pay? Can you get a statement from the police who went to the house when he failed to pay? You must protect yourself as not all tenants are honest people anymore. If you have no proof, it will be your word against his in front of a judge. It would be up to the judge to decide who to believe. Good luck. I hope you can resolve this quickly to your satisfaction.

[kkt]

If a tenant pays by personal check, bank check, or money order, his receipt is his bank (check) book or his copy of the payment form. If the tenant pays rent in cash, we generally write a reciept to the tenant for each month he pays stating 1)who paid it, 2)how much was paid, 3)what it was for, 4)what time period the rent covers, then 5)we sign and date it. We keep a copy of this receipt for ourselves. Many LLs also record payments on a ledger or sheet for each tenant showing when he paid. If you have not written receipts to a tenant for his cash payments, can you show bank records of where you deposited the money in your account (then a lack of payments deposited when he stopped paying rent) or a witness that will state he paid up to a certain date? Can you produce someone who will testify that you made several attempts to try and get the tenant to pay the rent as he agreed, but that you were unable to get him to pay? Can you get a statement from the police who went to the house when he failed to pay? You must protect yourself as not all tenants are honest people anymore. If you have no proof, it will be your word against his in front of a judge. It would be up to the judge to decide who to believe. Good luck. I hope you can resolve this quickly to your satisfaction.
Reply to OHlandlord
Dear Sir,
i really appreciate for your guidelines.I have ALREADY reported this (for non payment of rents) to the police station along with his unwanted demand of money for vacating the house.Further,due to constant effort, yesterday police also called to that stupid tenant in the police station.Where he again lied that he deposited the security money with me and told that he will adjust the same when pay the arrears of rents on vacating the house.While , on the contrary, i just given him my house out of sympaty and at that time he told that he was in trouble and therefore, no demand made to him.I also fear that he may damage/theft my fittings when he vacate the house.Kindly advise for precautionary guidelines on this matter.
tahanks a lot,
kkt

[OHlandlord]

Do you have a right to inspect the premises in your country? If so, give appropriate notice to the tenant and inspect quickly. Take a camera with you and an impartial witness (someone with no ownership rights to the house, not a relative - maybe a friend?. Take photos of all appliances, fixtures, or anything they could steal when they leave. Write down the serial numbers on any appliance. If they later come up missing the photos and serial numbers will allow the police to arrest him for theft. Take pictures of things they could damage (rug, walls, doors, etc.) to show their condition now. Make sure your camera dates the pictures or have the photo developer date the pictures for you. This will prove what the house looked like before they moved out.

After they leave, take your witness again and go through the house and write down any damages they have done to the house. Change the locks immediately after they leave. Take more pictures as evidence of the damages. (You will then have "before" and "after" pictures to show a court.) Send a copy of your damages to the tenant at his next address and either subtract the amount of repairs from his deposit before giving it to him, or bill him for the amount of the damages. If he refuses to pay, you can take him to court for the money and show your pictures to the judge. Have the witness come to court with you to testify about the condition before they moved and what it looked like after. Good luck.

[kkt]

Do you have a right to inspect the premises in your country? If so, give appropriate notice to the tenant and inspect quickly. Take a camera with you and an impartial witness (someone with no ownership rights to the house, not a relative - maybe a friend?. Take photos of all appliances, fixtures, or anything they could steal when they leave. Write down the serial numbers on any appliance. If they later come up missing the photos and serial numbers will allow the police to arrest him for theft. Take pictures of things they could damage (rug, walls, doors, etc.) to show their condition now. Make sure your camera dates the pictures or have the photo developer date the pictures for you. This will prove what the house looked like before they moved out.

After they leave, take your witness again and go through the house and write down any damages they have done to the house. Change the locks immediately after they leave. Take more pictures as evidence of the damages. (You will then have "before" and "after" pictures to show a court.) Send a copy of your damages to the tenant at his next address and either subtract the amount of repairs from his deposit before giving it to him, or bill him for the amount of the damages. If he refuses to pay, you can take him to court for the money and show your pictures to the judge. Have the witness come to court with you to testify about the condition before they moved and what it looked like after. Good luck.

Reply to OHlandlord:

Dear Sir,
Thank u very much for yr valuable guidance, i will remember u all my life for what yrs extending help even from the remote place.If anything odd happens, i will discuss the matter with you.
Thanks again
kkt

[OHlandlord]

You are certainly welcome to any help or advice I can give. I hope this turns out well for you. Good luck.