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| Property Law |
Introduction:
In India, whenever renting/leasing out of property takes place, there is the involvement of rules/ regulations under the law. Therefore, the involvement of the rent agreement is essential in order to have all the terms and conditions of the tenancy and also list out their rights and obligations. There a valid rental agreement must be in writing and dated and signed by both parties. The agreement must be stamped and registered.
The current trend of landlords filing false and frivolous cases is very common. In most of the cases, it has been noticed that the landlord files a notice of eviction on false grounds i.e. non-payment of rent on time, trivial or minimal changes or developments, and also indulging in private matters of tenants and blindly based on those situations, giving eviction notice.
There are only a limited number of reasons where the landlord can get his property evicted from the tenants such as: when a contract is expired and not renewed, such a situation the landlord can get it evicted within one month of non-renewal, also in the case where the tenant expires, the heirs or dependents can stay only for 5 years, after which it can be evicted by the landlord. In other cases such as, when the landlord is asking for eviction for his own use, also where the tenant fails to pay rent thrice in a year and lastly, in cases where there is subletting or immoral use of property etc. However, the Rent Control Act has remedies for all of the issues faced by either landlords/tenants.
Rights of Tenant:
The tenant has a right to legally occupy the premises if he is paying his due rent amount in time and not indulging in any such activity which can cause loss to the landlord. Here is a list of basic rights of the tenants, in which case the landlord cannot forcefully get the premises evicted.
Right against Unfair Eviction: Under the Rent Control Act, the landlord cannot evict their tenant without a valid ground/ reason. Since the states have different rent laws and hence rules of eviction slightly vary. In some states, the rules of eviction are that the landlords have to approach the Rent Controller Court and get a favourable order for the same.
Right to Fair Rent:
The landlords cannot charge extra-ordinary rent from the tenants. The landlord has to evaluate the rent of the premises by evaluating the value of the property. In case the tenant feels like the landlord is charging an extraordinary amount, he can approach the Rent Controller Court to seek redressal. For the valuation of the property, it is calculated at 8%-10% of the valuation of the premises, including cost incurred on construction etc.
Essential Services:
Every tenant has a right to enjoy and receive basic services such as water supply, electricity etc. In any case, these rights cannot be taken away by the tenant even if he fails to pay the rent for the same premise or for some other property.
Remedy with the Tenant :
The tenants can avail the following remedies:
The tenant should approach the Rent Controller court producing his/her conditions.
On the summons being served to the tenant, he/she can produce the evidence for support.
In those cases, where the tenant can prove that there was a power to sublet given in the agreement itself, then the tenant can save himself from eviction.
The tenant can also file a suit for an injunction in those circumstances where he cannot immediately vacate the house i.e. medical emergency or staying with old parents. Such a remedy can be used when the landlord wants to get the premises vacated without giving prior legal notice to the tenant.
In cases where the landlord has filed suit for the reason that the rent is unpaid to date, the tenant can ask for the account details of the landlord and submit the rent, for which the acknowledgement receipt will be shared by the landlord.
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