NRI Rent dispute lawyers: Resolving tenancy disputes
A lot of NRIs invest in real estate back home. While some purchase property for the personal purpose, majority of the NRIs have investment on their mind. One of the major reason of investing in property is to earn regular rental income.
So, it is no surprise that some of the best property available for renting in any city belongs to the NRIs. Whereas it is a desirable situation for tenants to have a landlord who lives abroad, to avoid regular visits for checking or sudden demand of evacuation due to personal needs, it often spells trouble for NRI landlords.
The landlord-tenant relationship is a legal relationship, bound by contractual terms and conditions. To avoid any future inconvenience, NRIs must avail the services of a NRI Rent dispute lawyer while drawing the rent agreement.
The property can be rented out either for personal use or for commercial purposes. It must be noted that property rented for residential purpose can not be used for commercial purpose or vice-versa, unless provided in the agreement. If a tenant violates this clause, not only he is breaching the tenancy agreement but also the law of the land.
A NRI Rent dispute lawyer will hep you include terms and conditions that will protect your rights, in case any dispute arises.
Types of Rent Agreement
A rent agreement can vary according to the time-frame of the lease agreement. The common type of rent agreements are discussed as follows:
1) Monthly rental agreements, where no specific time frame is committed. The tenancy can be terminated by any of the party after giving a one month notice, or as specified in the agreement. It can be either verbal or written agreement, although it is preferable to have the agreement documented. A NRI Rent dispute lawyer is a seasoned professional who should be consulted by both parties before entering into any tenancy agreement.
2) One-way lease agreements, are monthly rental agreements, where the landlord charges a termination fee if the tenant moves out before a stipulated number of months, as agreed in the agreement. One way lease agreements, unlike general monthly agreements do not give a tenant the choice of moving out on his/her will. One way lease agreements are biased towards landlords, and often become the reason of dispute.
In case, you are a landlord facing dispute in one-way tenancy lease agreement, you should immediately consult a NRI Rent dispute lawyer to plan a proper strategy to quash the dispute.
3) Fixed term lease agreements specify the time period for which the agreement is valid. Fixed term lease agreements are very common and most preferred type of agreements, especially for NRIs. The time period can be mutually decided by both the parties, but usually they are half-yearly or yearly. In case both landlord and tenant wishes to extend the time period, they can do so after the expiration of initial agreement, by renewing the agreement.
Again, while framing a lease agreement, both landlord and tenant must seek the advice of an experienced NRI Rent dispute lawyer to iron out any discrepancy in the agreement.
Reason for disputes
Disputes can arise for various reasons in a rent agreement, including:
1) Violation of the civil norms – It includes non compliance of parking rules, noise violations, and such by the tenants that will ultimately cause trouble for the landlord. NRIs are advised to hire the services of a NRI Rent dispute lawyer to draft a rent deed that can get them out of such unpleasant situations unscathed.
2) Damage to Property – A tenant is bound to maintain the property in its original form, unless otherwise allowed by the agreement. Damage to the property is one of the most common reason of disputes.
3) Non payment – A continuous default in the payment of rent on part of tenant is a major cause of dispute. Since NRIs can not be physically present to settle the dispute, they must appoint a NRI rent dispute lawyer, to take over the matter on their behalf.
4) Holdover beyond lease term – If the tenant refuses to evict the property after the termination of ease term, the landlord must take the legal steps to regain the ownership.
What steps should be taken to avoid tenancy disputes
Tenancy disputes are not uncommon, but a lot of them can be easily resolved by the parties amongst themselves, by a simple conversation. A timely intervention by a skilled NRI Rent dispute lawyer can save the day for more than 90% of tenancy agreements.
To avoid tenancy disputes,
- i) Both the parties should be well aware of their rights and duties, provided by the law and should abide by the terms and conditions of the agreement. Any breach in the agreed terms is a sure shot recipe of dispute.
- ii) In case of any problem, make sure to notify the other party and make an attempt to resolve the matter by being open and honest in your dealings.
iii) Consult a NRI Rent dispute lawyer to sort the dispute in an amicable manner. Discuss all the clauses and reason of dispute with the NRI Rent dispute lawyer, to find a middle way to resolve the matter.
The first instinct in any dispute should be to resolve it by arriving at a mutual understanding to avoid expensive and protracted legal proceedings. But there always are some disputes that calls for the litigation.
A NRI Rent dispute lawyer is a skilled professional who not only has expertise in resolving cases through alternative means of resolving disputes, like negotiation, arbitration etc, but are qualified for litigation as well.
Lexlords Property Management Services, has a team of professional NRI Rent dispute lawyers that have an extensive experience in dealing with the tenancy disputes of NRI. We understand the monetary and emotional impact of a dispute, and thus encourage our clients to have a detailed discussion with our NRI Rent dispute lawyers, to hep them identify the stumbling block. Our NRI Rent dispute lawyers also assist NRIs in drafting secure and legally sound lease and rent deeds to avoid the trouble in the first place.