The story of a tenant and landlord disputes is not limited just to the domestic citizens of India but is a much acuter problem for Non Resident Indians (NRIs) and their real estate property. The concern for tenanted premises is both that of the landlord and the tenant. Such disputes mostly occur with the NRI properties as tenants get exacerbated because persons take undue advantage of the situation that the owners are not physically present. Most of the NRI’s have no option but to give their premises/houses/apartment on rent for managing their property and to avoid any illegal occupants and trespassers. This also ensures the care and management of assets which would otherwise be in a state of dilapidation. However, the relationship of tenant and landlord is very delicate and needs to be treated with caution.
Appropriate steps by both the landlord and tenant must be taken to mitigate risks. It is imperative for both parties to ensure the lease/rent agreement is in writing, specific and preferably registered. You must engage property lawyers/solicitors/attorneys to ensure the right of both landlord and tenant are protected.
Most states have laws pertaining to the protection of both landlords and tenants. The prescribed laws lay grounds under which the landlord can have his premises vacated from the tenant. Non-Payment of rent, personal need, subletting, damage to the property etc. are grounds to vacate a tenant. Similarly, a tenant has a legal right to go to the court and defend himself against an illegal eviction or illegal actions of a landlord.
There are special provisions for an Non Resident Indian (NRI) to get his property vacated from a tenant. The Punjab Rent Act has a special provision for NRI's where they can seek the eviction of their property.
The landlord can seek the eviction of his property from a tenant under the Act. There a number of judgements whereby court shave granted relief to NRI landlords.
The person needs to establish:
That he is the owner of the property
There is a landlord tenant relationship
The landlord requires the property for his personal need.
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Learn more about power of attorney in India. Especially people living abroad (NRI) who trust friends and family and issue power of attorney without understanding the content of the document. This is an important document and must be given only to trustworthy family and relatives.
Through these videos we wish to disseminate information on key concerns of Nri's for their matters in India.
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Monisha Mahajan the principal Attorney is an expert in Nri matters and has an experience of more than 15 years in assisting NRI’s and helping them resolve their issues.
Legal Help NRI offer services and assistance to the Indian Diaspora settled across the globe for any issues they might have in India or require assistance vis a vis the Indian territory.
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