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Most tenants evicted despite their lease contracts have either defaulted on their payments or are occupying the premises illegally, past their lease tenure. While these make the most common causes of eviction, other less known situations include forced dispossession due to violation of lease conditions, and causation of security or health risks to others. The least known cause of eviction in Bangalore and other cities of India is personal dispute with the legal owner of the leased property. Most often, people affected by eviction have to go through legal hassles as well. Before one leads to another, you may adopt some proactive measures to dodge the blows.
Landlord-tenant laws
You need to know the tenants of a lease agreement. Only a few people exhibit the “absurdity” of reading the lease agreement line by line before signing on the dotted line, and guess what, only those many people are protected against a chance eviction.
However, to save you time and stress, here are the fundaments of your rights:
·As a contracted tenant, you do not have the authorization to sublet a tenancy.
·Rent reviews are carried out as per the agreement every year.
·Tenants are entitled to a tenure security over 6 months into a tenancy.
·ABH tenants are exempt from the law of Part 4 contract termination in case the landlord’s family needs a place to stay.
·For some tenancies, a restrictive standard applies to storage, food preparation, and even laundry. In such cases, landlords do not offer white goods during the occupancy.
Guard against potential risk
·Non-payment of rent is a direct violation of lease agreement and landlords hold the right to evict occupants in such a situation. However, you may receive a legal notice prior to the act for you to get the process starting. Try to clear your dues within the first 5 days of the month. Unless it’s an exception, do not repeat defaulting.
·Avoid crossing the legal limitations of the agreement. If you have been charged of doing so, review the agreement and make amends immediately. Eviction can be initiated for something as insignificant as having a pet.
·If you wish to continue living in a premise post your lease tenure, then get your contract transferred to periodic tenancy where payment is required to be made at the end of every month for as long as you stay.
·If you are facing a request to vacate the house owing to some damage you brought upon the property or risks you posed on other occupants, then try and repair the harm promptly or rectify the issues sooner as a gesture of expressing regret.
·If you have lost your job and are short of funds to pay your rent, then announce your situation. You will be resultantly taken under “automatic stay” that will allow you to occupy the property until the status of insolvency is resolved.
Facing a unreasonable eviction
If you are being wrongfully evicted:
·Check if the landlord received the rent. If not, notify the party in writing, asking for a bank account where you can deposit the amount.
·If the landlord does not receive your letter, write him/her a money order (MO) directly to his address.
·If the MO is not accepted, then file a petition with the help of a lawyer.
The landlord-tenant law within the jurisdiction of Bangalore has some generalities, as do other regions. If you have been slapped a notice of eviction by your landlord as a consequence of any of the above factors, then you need to do a little fact checking in order to tutor yourself for the occasion.
About Author:
Ankita Aggrawal is a business architect in real estate industry. She has 5 years of experience and she has got knowledge about various real estate projects including Projects in Villas for sale in Jala Hobli Bangalore ,commercial properties,Residential properties,bunglows, Villa Projects in Bangalore
December 12, 2016
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