Circumstances when you can say NO to your landlord

A relationship between a landlord and a tenant is documented in a lease agreement. Therefore in the case of malpractice it is important to pay attention to the length and width of the lease.

Most of us live in a rented house at any time of our lives, with friends or as a family. But how much do we as tenants know about rights?

Therefore in the case of malpractice it is important to pay attention to the length and width of the lease.

We have compiled 10 basic rights that every tenant has and can lawfully state that if not infringed:

1. Verbal or Oral Agreement

If the landlord insists on a verbal agreement for a tenancy rather than a written agreement, say no.

It is important to note that all tenure agreements of ten months or more under tenancy laws must be written and registered for recourse under these laws.

2. Peace of Living

Your landlord cannot walk in the rented premises without prior notice or communication.

Each tenant has the right to enjoy peaceful occupation of property without any disturbance or encroachment from anyone including the owner.

3. Unreasonable expectations

At any point of time under your tenancy your landlord cannot ask you to vacate or leave the premises without giving valid reasons.

4. Improper Information or Notice

The landlord does not have the right to ask you to vacate the premises for any valid reason.

Generally the proper framework of time according to law is the period of one month or the time stated in the terms of the agreement.

5. Illegal Liabilities

Landlords cannot transfer any liability for expenses incurred on the property for structural damage.

Structural changes to the property will only be borne by the owner in accordance with the law.

6. Last Month Settlement

Your landlord has no legal right to ask you to pay rent and not settle against the deposit during the notice period.

7. Deposit Returns

Your landlord must return the amount paid as security for the tenancy while vacating the premises.

8. In case of deceased tenant

The landlord does not have the right to ask the legal heirs of the deceased tenant to vacate without giving valid reasons. The legal heirs of a deceased tenant are legally empowered to continue the tenancy.

9. Increase in rent

Landlords cannot ask for an increase in rent contrary to the terms agreed under the agreement.

And according to state laws, there is a formula to calculate the percentage of increase in rent every year or any other specified period.

The tenant is only liable to pay the rent if the increase in the rent amount complies with the formula.

10. Forced expansion

Your landlord does not have the right to insist on continued tenancy. The tenant has the right to vacate the premises for a valid reason.

You should know the difference between a Leave Agreement and License agreement and Rent agreement

If you are looking for a house for rent or a house is rented, then you must have come up with terms like leave and license agreement, and rent agreement.

Many people use these words thinking that it is the same things, but in reality, they are actually two separate documents and there are some important differences between them. Although in the end, they see the interest of both the landlord and the tenant, there are differences are:-

Property Ownership

In a leave and license agreement, the tenant cannot claim any ownership of the property because the agreement does not fall under the Rent Control Act of India. In this agreement, the owner licenses the property to the "tenant" and leaves the property.

When it comes to rental agreements, tenants can claim ownership of the property after living in the same place for at least 10 years. They can make this claim under the Rent Control Act of India. In this case, landlords have very limited options to vacate the tenant or increase the rent.

The leave and license agreement can be used anywhere in India as a valid address proof. It is a legal document that binds the licensor in terms of security amount, rent amount, length of stay, and other payments for the use of the property. These points cannot be changed once the agreement is signed by both parties. This is important for the tenant because it protects his rights to live there and his living conditions are clear.

A rent agreement that is registered grants the tenant some rights to the property. In Mumbai, many tenants are still paying Rs. 15 / month due to Rent Control Act and sitting on prime property. According to their rental agreement, as long as they pay the rent on time, they cannot be evicted. To avoid such a situation, execute the rental agreement only for 11 months. 11-Monthly rent agreement does not come under the Rent Control Act.

It is much safer to leave and license agreement for 11 months. After 11 months, the agreement should be renewed for the next 11 months. Limit your agreement to 11 months.

Rent Control Act

A leave and license agreement is governed by the Indian Relaxation Act, 1882. Here, it states that the owner leaves the property with various facilities; the same is given to the licensee for use while the owner is on leave for a specific period. Once the leave is over, and the owner returns, the licensee departs. When he leaves, it is his duty to leave the house in the same condition he was given.

He cannot make any major changes and that is all that should have been given with the property because the agreement is temporary. The property is to be used only for the activity that was originally mentioned or outlined in the agreement. For payment, a large amount is paid by the tenant at the beginning of the tenancy, and no monthly rent is paid thereafter.

In the Rent Control Act, the tenant takes the rented property from the landlord, paying a fixed amount as rent for commercial or residential use. Legally, the landlord cannot evict the tenant as long as the rent is being paid. The tenant pays a deposit and the monthly rent that was fixed in the agreement.

Rights of tenants and landlords

If you look at it, a tenant has far more rights and becomes more preferred when it comes to a rental agreement as it is regulated by rent control laws. They prevent landlords from overcharging, giving tenant’s greater right to own property.

A leave and license agreement is more landlord / owner friendly as in no case can their property be taken over by the tenant. There can be no major modification to their property.

If you need help with a rental agreement or leave and license agreement, leave it to the experts at SuGanta.com. We are here to make your documentation process easy and stress free.