TENANT ISSUES :HOW & WHEN TO PROCEED LEGALLY.

The following are the MOST FREQUENT queries about various issues tenants face and what needs to be done, should you go legally or not.

FAQs answered by Adv Abhimanyu Singh ( practicing at high court, Karnataka)

Members are advised to check them for reference and if have any other legal issue please mention your issue as a comment in this post or DM.

1- How to get back deposit from localities / senior citizen owners. They create max problem:

ANSWER: after talking if they are not replying send a legal notice to them because they take things very lightly here

2- contract doesn't specify replacement or doesn't mention have to stay 11 months but if the tenant leave staying lesser than a month then owners deduct 1-month rent from the deposit:

ANSWER: yes as per the agreement if you signed it and staying at the property even for 15 days they will deduct the rent as per the agreement. Unless the landlord is good

3- many times in spite of giving notice earlier owner denies it and still deduct notice period rent:

ANSWER: kindly explain this point. As I understood I will tell you that if you're paying postpaid rent then he has the liberty to deduct the rent as you won't be paying it from your side.

4- owner imposes arbitrary charges of deep cleaning, and all other fictitious charges and inflate the charges. Painting charges are being quoted too high many times. If the owner agrees to get the house painted through the tenant then they come up that the tenant must paint doors, windows, railing, and everything which was never down earlier while availing tenancy.

ANSWER: Suggest to get this written in agreement as taking precaution for our right as sometimes landlord put a clause of maintenance of everything in the house. So better read the agreement before signing the rent agreement in a hurry.

5- many times owners do not want to renew the contract after 11 months citing that once done it will remain valid. Is it mandatory to renew the contract in order to be protected? Guessing yes, what is the remedy if the owner denies it: 

ANSWER: 

There are two ways in this

If he says let the rent agreement be continued as it is get him written on a paper with his signature on a documented paper or in the mail.

Or

They can ask them to renew the agreement so as to protect their right. By going to any notary or advocate and renew it and get it signed.

6- owner doesn't share the pan card even though initially agreed upon after availing the house. Complaining to IT needs pan card of the owner, how to handle such situation

ANSWER: If the amount is huge ask to provide pan no in the agreement itself as it is sensitive information.

7- what should be the ideal stamp value of the agreement in order to be protected.

ANSWER: *stamp value 100-200 stamp value is good.

8- what are the procedures or SOP when the owner denies giving the deposit back?

ANSWER: Request-Request again- tell will take legal action-file complaint in police or send notice

9- if deposits more than 3 months are not valid as per law, then if tenants have paid deposits more than 3 months will the agreement will be valid

ANSWER: it will be as you have agreed to the terms and conditions. Or else they have to tell the landlord that they will pay only 3 months' deposit.

10- owner staying in a different city within India, and thus delay paying back. What are the remedies available to the tenant?

ANSWER: Request-Request again- tell will take legal action- send a notice as they are residing in a different city and can initiate a case against them

11- civil cases continue for years without much penalty, which owners take advantage of, how to handle it?

ANSWER: It's a say if you want something sweet you got to stay for a while, so it does take 1-2 years max as the matter is as per landlord-tenant act and normal crimes.

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