What are tenancy rules in case of the Landlord’s death?

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What are tenancy rules in case of the Landlord’s death show that there is an active tenancy law that is to be followed both by the landlord and the tenant. There are different rights and responsibilities that are to be followed by the landlord and the tenant. There are set and pre-defined legal rights for tenants in India. The legislations that are governing the rights and obligations are under the Tenants act 1967 to 1994. There are several amendments made in the legislation and one of these took place on 17 January 2017. Moreover, if the landlord is letting out any property for rent then there are certain rules and regulations that are to be followed under the landlord and tenant act India.

One of these rules is that both parties need to have a written agreement with mentioned terms of tenancy. But what if the landlord dies then what would be the regulations that need to be followed as per the landlord and tenant act India? So, check these out below.

Legal rights of tenants in India

As per the new legislation and the Residential Tenancies Act 2016, it is noted that the following are the legal rights of tenants:

  • The tenant has the right to the enjoyment of the home
  • He has the right of accessing certain accommodation facilities
  • A rent book should be maintained
  • The landlord can be contacted at reasonable times
  • A certain amount of notice periods should be given before the termination of tenancy. If not done so, he can refer disputes.

There is the security of 4 years tenure but it can be ended within the first 6 months without giving any reason as per the landlord and tenant act India.

Legal rights of the Landlord

The main point of interest in a rental agreement is the property, and the property needs to be protected from unfair exploitation.

  • The landlord has the right to evict the tenant within 6 months without any reason but after that, the landlord needs to approach the court. For such cases, one can contact a property lawyer.
  • There is no limit on rent, so the landlord can charge the reasonable and desired rent and increase it with time.
  • The landlord even has the right to possess the property in order to alter it and improve its conditions, but these should not bring any loss to the tenant.
Also Read: Remedies for a Landlord if the Tenant Refuses to leave after an Eviction Notice

Tenancy rules in case of Landlord's death

If the landlord dies then the status of the tenant cannot be obviated. The remedy that can be followed is that the eviction proceedings can be followed as stated in the rent laws. If the authority agrees on sufficient grounds that the order regarding eviction of the tenant is to be passed only then the tenant has to vacate the premises.

Protection of tenant

As per the Tenant and landlord laws in India, statutory protection is granted in order to provide benefits to the tenants under the different tenancy laws. Also, it is the standpoint of view that the rights of a particular class are to be protected. Restrictions are imposed in order to protect the rights of tenants and they cannot be let out of the premises.

The tenant has the right to occupy the premises even after the death, and it is the result of statutory enactment. Also, as per the East Punjab Urban rent restriction Act 1949, the tenant has a protected status. Furthermore, Lex Solutions offers people a wide range of legal jurisdictions and they are the changemakers to make valid changes in society.

Things to remember:

  • The tenant has the right to enjoy a like home on the property.
  • The landlord needs to give prior notice to the tenant before an eviction
  • The landlord can only enter with the permission of the tenant.
  • The tenant even needs to pay a security deposit to rent the property.
  • Even if the landlord dies, the tenant cannot be evicted without proper legal proceedings.
Also Read: Facing a Property Related Dispute? Know how to solve it.

FAQs

Q. How much security does the tenant need to give?

The tenant needs to deposit a security deposit of 1.5 times of rent. The security deposit is not required if the units are two or less than two.

Q. What happens if the landlord dies and the family wishes to evict the tenant?

If such a situation arises then the tenant cannot be evicted without legal proceedings. Moreover, prior notice needs to be given to the tenant.

Q. What happens if the tenant is not paying the rent?

If the tenant does not pay the rent on the due time, then the landlord can file a complaint regarding the eviction. Moreover, if the rent and any fees that are required to be paid are not paid then the tenants can be evicted.

Q. What does the notice to cease to mean?

As per the lease agreement law in India, the landlord can issue a warning advising you to halt certain conduct. The tenant, however, has the opportunity to cure the defect by agreeing to the terms and as a result, the landlord can take the notice back.

Q. What happens when the tenant breaches the rules of the lease?

If the tenant breaches the terms and conditions of the lease then the landlord can give a notice to the tenant to cease the lease. The landlord can even ask the tenant to vacate the premises.

Q. What happens if the tenant does not get prior notice to evict?

If the tenant does not receive any prior notice to evict, then he can involve the authorities to look into the matter, and jurisdictions are involved.

Q. If the landlord does not make repairs, is the rent needed to be paid?

In case repairs are needed then, the tenant needs to inform the landlord about it. Notice needs to be provided, and defence of habitability can be raised.

Q. Can the landlord change the existing agreement of rent?

If the landlord and the tenant both agree to the change, then the existing agreement can be changed, and a new rental agreement can be signed.

Q. What the landlord is required to do if the tenant leaves his personal belongings?

The landlord is required to store these, take photographs and provide a written inventory of them to the tenant.

According to estimates, 65% of people living in urban areas around the world are tenants. This is also true in India due to the sky-high prices of real estate in the major cities and the large population of migrant workers who live there. Nevertheless, living as a renter can be a peaceful arrangement, but occasionally there are situations where one can run into rental problems and other connected issues, such as receiving an unauthorized eviction notice or the erratic behaviour of the landlord.

Are you, however, a renter who is experiencing such problems or simply curious about what to do if you ever find yourself in a similar situation? In that case, allow us to help you through this blog, which will briefly discuss about the several protections against landowner harassment.

What does illegal eviction of tenants mean?

An illegal eviction, also known as an unlawful termination of tenancy, typically happens when a landowner forbids a tenant from entering a rental property or removes the tenant’s belongings from the property through the use of force, intimidation, or other methods (such as cutting off utilities or changing the locks). However, if the landowners evict you without taking the proper legal action, they are breaking the law.

How Do You Respond When Your Landlord Forcibly Evicts You?

Almost every state has rental control legislation pertaining to tenant protection, and each state has established specific circumstances for which the landlord may lawfully evict the renter. Additionally, a tenant has a legal right under the law to appear in court and defend himself against unlawful eviction, and some of those accessible remedies for tenants are discussed below:

Grounds for eviction

Non-payment of rent, breach of the lease, property damage, and illegal activity are the most typical grounds for evicting a renter. The tenant must therefore review the provisions of the State Rent Control Act to ascertain the grounds for eviction specified in the Act. In addition, if the tenant is being evicted for any reason other than those specified in the Act—which is considered wrongful eviction—they must seek the help of an eviction lawyer and the enforcement agencies to halt this.

Suit for injunction

A renter might be unable to leave a property when asked to do so for a number of reasons, such as having a medical emergency or having his elderly parents live with him. When this happens, the tenant has the option to file a case in the appropriate court to obtain an injunction that will prevent them from being evicted for any other grounds (other than those listed in the State’s Rent Act). Along with the assistance of housing rental lawyers, the renter should take this action, if they are violently evicted without providing them with adequate notice.

Rent Controller

In the event that the tenant receives a notice of eviction on pretences, they should go see the rent controller of the relevant jurisdiction and explain why they believe the notice of eviction is invalid. Additionally, following the tenant eviction laws, the court will summon the tenant, who will then be forced to submit his or her case and the arguments supporting the necessary evidence.

Notice of rent payment

If the landowner claims that he has not received the required rent and lists this as the reason for serving the notice of eviction, the tenant may legitimately ask him or her to send the information to his bank account so that he can conduct the transaction and deposit the outstanding rent. Moreover, after agreeing to it, the landowner must give the tenant the information within 10 days of the date they received the notice.

Also Read: Lex Solutions – Your One-Stop Destination For All Things Legal

Steps that you must follow to legally evict a tenant in India

Because eviction laws differ from state to state, the following are typical recommendations for evicting a renter. Nevertheless, you can contact the tenants lawyer of Lex Solutions if you need any assistance.

Serve the Tenant With a Termination Notice

The tenancy must be terminated before a landlord can evict a tenant for cause, and the landowner shall provide the tenant with the required notice before taking legal action to do so. Three different kinds of termination notices are generally available:

  • Pay Rent or Quit: The tenant is required to pay the rent within a predetermined period (often three to five days) or leave the rented property.
  • Cure or Quit: A breach of the rental agreement or lease must be remedied by the tenant within a set amount of time.
  • Unconditional Quit: Without a chance to correct the offense or pay the rent, the tenant must leave the property.

But to evict a tenant without good reason, the landlord must give the renter a 30- or 60-day notice to leave the premises.

File an Eviction Lawsuit

If the renter does not correct the issue or quit the property within the allotted time, the landowner must initiate an unlawful detainer case in small claims court. Following this, landlords have the right to evict tenants by serving a legal notice to tenants to vacate their premises.

Wait for the Tenant’s Answer

Within the time frame given on the summons, the tenant may “answer” the complaint. The renter may, however, use the response to refute the charges or present a defence. And, for instance, a tenant might claim that the eviction was carried out in retaliation or that the unpaid rent was used to pay for repairs the landlord refused to undertake.

Receive a Judgment for Possession

A default judgment is granted to the landowner if the tenant ignores the eviction notice India. Moreover, the landowner is entitled to take ownership of the property if the renter replies with an answer but the court rules in his or her favor.

Remove the Tenant

Despite having the right to reclaim the property, the landlord is unable to evict a renter without the help of a law enforcement official. Nevertheless, the tenant will be informed of the legal eviction and the number of days they have to leave once such an official receives the judgment and the cost. Moreover, the law enforcement authority may physically evict the tenant if they don’t leave the property in the allotted period.

Also Read: Introduction To The Indian Judicial System And Court Hierarchy

Summing Up

Now that you are aware of the characteristics of evictions and how to deal with them in a nation like India, you must use them as needed. Additionally, as a landowner, you must evict a problematic renter per the law. And, to ensure that you are acting legally, consult a local landlord-tenant law attorney in your area. For such assistance, a legal firm in Chandigarh, lexsolution can offer you a one-stop solution.

FAQs

  • Can a tenant seek an injunction against the landlord?

According to the state rental rules present in India, a tenant does not have the right to issue an injunction against the landlord. Moreover, injunction procedures are always discretionary, and a court of law cannot grant a perpetual injunction in favour of the plaintiff against the right owner if the plaintiff is only a trespasser.

  • Can police evict a tenant in India?

Even if the renters behave disrespectfully, the police cannot assist in reclaiming the property. However, the only court with the authority to order the eviction of a tenant is the court of the rent controller under whose jurisdiction the property is located. 

  • When a tenant can get the benefit of protection against eviction?

If the tenant can show that the landlord gave his written approval to the subtenant, he is entitled to protection from eviction. Additionally, it disallows any other consent, including implied or oral permission.