Yato Dharmastato Jayah
- motto supreme court of India
- motto supreme court of India
Yato Dharmastato Jayah - motto supreme court of India
Vidya Devarajan
B.Sc., L.L.M, Master's in Cyber Law
Advocate at High Court of Madras
Trusted Legal Advisor in Chennai
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Rental Disputes
FAQ: For Property Owners
Can I file a case if my tenant refuses to vacate the property after the lease ends?
Yes, if a tenant refuses to vacate the property after the lease has expired, you can file an eviction suit in the Rent Control Court or Civil Court. You must also issue a notice to the tenant before initiating the proceedings.
What should I do if my tenant stops paying rent?
If a tenant stops paying rent, you should issue a notice to pay the rent or vacate and if they still don’t comply, file an eviction suit in the Rent Control Court
Can I increase the rent if the lease agreement doesn't mention rent hike?
No, unless the lease agreement has a clause that allows for a rent hike, you cannot increase the rent during the lease period. After the lease term ends, you may renegotiate the rent before signing a new agreement.
What happens if the tenant damages the property?
If a tenant damages the property, the landlord can deduct the cost of repairs from the security deposit. If the damages exceed the deposit, the landlord can file a suit for recovery of damages.
Can I terminate the lease early if the tenant is violating the terms?
Yes, you can terminate a lease early if the tenant is violating the terms of the agreement, such as subletting the property without permission or engaging in illegal activities. You can serve an eviction notice and proceed with legal action if necessary.
Can a tenant stay in the property if the landlord sells it to a new owner?
Yes, a tenant can continue to stay in the property under the terms of the existing lease, even if the landlord sells the property. The new owner is bound by the terms of the current lease until it expires.
What happens if my tenant does not pay utility bills?
If the lease agreement makes the tenant responsible for paying utility bills and they fail to do so, the landlord can deduct the unpaid bills from the security deposit or file a case for recovery of outstanding utility payments
Can a tenant refuse to vacate the property if they have made improvements to it?
No, a tenant cannot refuse to vacate the property on the grounds of making improvements. However, the tenant may request reimbursement for major improvements, but the landlord is not obligated to compensate unless agreed upon.
Can the tenant terminate the lease early without penalty?
A tenant can terminate the lease early without penalty only if there is a clause in the Rent Agreement allowing for early termination (e.g., with notice). Otherwise, the tenant may be liable to pay rent for the remaining period or face legal consequences.
FAQ: For Tenents
Can I sue my landlord if they fail to return my security deposit?
Yes, if the landlord unlawfully withholds your security deposit without a valid reason or proof of damages, you can file a case in the Rent Control Court to recover your deposit.
Can I terminate the lease if my landlord refuses to do necessary repairs?
Yes, if the landlord refuses to conduct necessary repairs, and it affects the habitability of the property, you can serve a notice of termination of the lease and vacate the property. You may also file a case for damages if applicable.
Can the landlord charge a penalty for late rent payment?
Yes, if the Rent Agreement includes a clause for late payment penalties, the landlord can charge a penalty. If there is no such clause, penalties may not be legally enforceable.
Can I claim damages if the landlord sells the property while I'm still under lease?
No, if the new owner honors the terms of the existing lease, the sale of the property doesn’t give the tenant grounds to claim damages. The lease terms remain valid, and the tenant continues to stay under the same agreement with the new owner.
Is it legal for the landlord to lock me out of the property for non-payment of rent?
No, it is illegal for the landlord to lock you out of the property, cut off utilities, or forcibly evict you without a court order. You can file a police complaint or approach the Rent Control Court if this happens.
** the answers provide above are generic questions we've received from our clients. We advise you to contact an advocate and get a legal advice for your situation before proceeding with any further actions.
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