Rent Agreement clauses and tenant’s Rights: ‘Sneha rented a flat in a society in Noida Sector 34. Even before the shift, the landlord made it clear that many facilities in the house including inverter, geyser, RO are completely correct and new and if any problem occurs in the future, he will not invest a single penny.
However, within 3 days of moving into the house, there was a problem with the RO and inverter. When the mechanic was called, it was found that everything was old, there was a lot of debate between the tenant and the landlord on this matter.. and after just 6 months, the landlord Tenant Sneha was given a notice to vacate the house even though her rent agreement was for 11 months.
Now the question arises that even though the rent agreement is for 11 months, can the landlord ask the tenant to vacate the house even before that? Can the tenant stay in the house for 11 months despite the notice? Let us know from the expert..
Nishant Rai, civil cases lawyer in Delhi High Court, says that rent from property is a better source of income in Tier-1 and Tier-2 cities of the country. Both residential and commercial properties give good rents. Building a house and taking it on rent is more common but the biggest thing is that in India there are not many rules and regulations regarding tenants and landlords. Even in contract law, there are basic things regarding landlord and tenant, whereas hundreds of issues of dispute arise between these two.
Since in India the agreement between the landlord and the tenant is based on mutual understanding, yet for some time now rent agreements have started being made in tier two cities including Delhi-NCR. It lasts for 11 months and has many conditions that both parties agree to. In this everything is written, from advance rent to security deposit, maintenance charges, security return, fare increase to repairs of wear and tear.
Can the landlord evict before 11 months?
Nishant says that this rent agreement is for 11 months, according to which everything between the landlord and the tenant is governed. Only according to this the landlord can increase the rent, not before that. It also happens that if the landlord has to vacate the house or the tenant has to vacate, then he can ask for eviction by declaring his emergency and giving a notice of one or two months. However, if eviction is being done forcefully after any dispute, then the tenant can also complain to the landlord on the basis of this agreement.
If there are conditions in the rent agreement..
Some landlords are smarter and include a locking period in the rent agreement, like 6 months. It is written in it that the landlord or tenant is free to vacate. If there is any such condition in the rent agreement and the tenant and the landlord have signed and accepted it, then it must be accepted. No specific steps can be taken in this regard in civil case, but if there is any other problem then the tenant can take help of police and law.
Can the associations intervene?
Dr. NP Singh, former chairman of Federation of Noida Residents Welfare Association, says that only they know what kind of agreement has been reached between the tenant and the landlord. Residents Welfare Association or Apartment Owners Associations do not interfere in this. Everything related to rent, security amount, agreement is done with mutual consent of both. However, if a dispute escalates and a party approaches the RWA or AOA, then like an arbitrator, they can intervene and take steps to settle the matter.
