Key tenant duties include:
- Paying rent in full and on time.
- Avoiding property damage.
- Allowing the landlord reasonable entry for inspection and repairs after due notice.
- Inform the landlord before moving out as per the agreement.
FAQ Category: Services
How can rental disputes be resolved amicably without going to court?
Landlords and tenants can mutually opt for alternate dispute resolution through mediation, where a neutral third party facilitates negotiation, or arbitration, where an independent arbitrator reviews evidence and makes a binding decision.
Can landlords evict tenants immediately without any notice?
No. Landlords must follow due process and issue proper advance eviction notices for 1-3 months, depending on state law, before initiating eviction proceedings through the rent controller.
What rights do tenants have under rent control laws in India?
Key tenant rights include occupying the property for the contract duration if rent is paid, quiet enjoyment of premises, demanding timely repairs from the landlord, and receiving interest on the security deposit if it is not refunded after the tenancy ends.
What are some common disputes between landlords and tenants in India?
Frequent disputes arise over issues like non-payment of rent, maintenance responsibilities, unauthorized alterations, excessive tenant disturbance, subletting without permission, retention of security deposits, and Denying essential utilities by landlords.
Is there tax implication on rights that NRIs get from family settlement?
A Family Settlement Agreement is not treated as a transfer or conveyance; rather, it only solidifies and recognises the pre-existing rights of the members. Therefore, there is no tax implication under capital gains when it comes to family settlements.
Is there still a chance of future legal disputes once you enter into a family settlement?
A legally sound family settlement is binding on all the involved parties. NRIs can hire a legal counsel to draft or review the Family Settlement Agreement to ensure legal compliance and to make sure the terms are not disputed in future.
What are the benefits of a Family Settlement Agreement in resolving NRI property disputes?
FSA is a cost-effective and time-saving method of resolving NRI property disputes while maintaining harmonious family relations.
What are the key features of a Family Settlement Agreement (FSA)?
FSA is an oral or a written agreement which parties enter into voluntarily for the distribution of a family properties and assets. A written FSA requires registration. FSA does not attract taxation on capital gains as FSA only recognises already existing rights and does not create any new right or title.