PRACTICE DETAILS
- Lawyer Mr. Shaman Jain
- Skills Property Management, Litigation, Tenant Disputes
- CATEGORY Property Litigation, Property Management
ABOUT THIS PRACTICE
The lawsuits between Landlord and tenants are not new; recent progressions of the law has shifted their decisions in favor of the landlords when compared to the old structure where law favored the tenants instead. The shift to care for NRI landlord by lawmakers is significantly high because of the large conflict between tenants and the NRI Landlords. The disputes are more carefully observed when the landlord is an NRI. The issues are just not related to possession of the property sometimes, it extends to rental disputes, repair of the property, maintenance of the property, non-adherence to the rent agreement, last but not the least as potential eviction.
Some Preventive Measures
- It is mandatory that you get a rent agreement drafted and registered as soon as you plan to rent out the property. A fool proof agreement must be in place which covers major aspects of the property renting and it can only be ensured when you have a professional or a property lawyer at your service. Having a professional at your end ensures that the status of the Occupant, duration, clauses i.e. repair, maintenance, upkeep of the property etc are properly defined without any confusions.
- It is important to have the eviction process and the formalities associated with the upkeep of property clearly mentioned within the agreement. Clear expectations mitigate the risk of conflicts within both the parties.
- It is never advisable to lease property for more than a year. under feasible and favorable circumstances the property can be leased out again with a new agreement. The renewal of agreement ensures that a landlord has the required security from legal hassles if such a dispute arises.
- Seperate methods need to be established in order to ensure that you keep a regular check of your property, Sometimes it is difficult to make frequent visits. In such cases, it is advisable that a family member or a special power of attorney is assigned on your behalf who can keep a check on the same.
How we can help
Our professionals ensure that they proactively define and discuss in details on how to avoid future legal issues by keeping the communications open-ended at both the ends. This process ensures that we avoid costly legal proceedings even before they have arisen. At Legal Nestors we not only identify the potential legalities but we work hard to secure your property by providing proactive solutions to them. The rent deeds that our landlord-tenant dispute resolution team drafts are highly secure and pro-landlord. This ensures that the decision goes in favor of the landlord if such a dispute arises.
At Legal Nestors, our experts try to keep our clients away from legal issues and conflicts, however, at times it is just unavoidable. Our services are specifically to assist NRI clients outside India with special emphasis on their residential or commercial property situated in India. We specialize with the cases of breach of rent agreement, maintenance of the property, Rent recoveries and cases where the personal necessity of NRI landlords leads to getting the possession of property with ease. Personal Necessity of Landlord in empowered by section 13B of East Punjab Urban Rent Restriction Act.
From trial court to High Court or if required to the Supreme court of India our landlord-tenant dispute resolution team represents our client during all the stages of litigation
