Landlord Rights for NRIs in India From Expert NRI Lawyer Adv Bindu Dubey
Disputes and problems related to Property is one of the most common and tiresome issue and process in the Indian legal system and Judiciary. It becomes extra hard if the landlord lives out of India. The issues arising between tenants and landlords have been taken into consideration by the Indian legal system and various rules, regulations have been passed. To get assistance and aid relating to Property disputes best advocates will have to be hired. Adv. Bindu Dubey is one of the most well – learnt property law advocate in Navi Mumbai. She will take cases with respect to NRIs as well and will aim to analyse the dispute and take care of all the proceedings and paperwork that comes along with it as the client cannot be fully involved from another country.
Land lording may be difficult and frustrating. It is critical that landlords follow a few simple guidelines to protect their interests and prevent future disputes over their leased property, particularly when the landlord is an NRI who spends the most of his time overseas. When you are an NRI with properties in India, it is essential to take care of them and to have all ownership papers up to date, as well as to be aware of all landlord rights.
Additionally, it is critical to use and gain commercial advantages from the property, regardless of whether it is personal or professional. As a result, the rented or leased property provides a reliable stream of income for the NRI landlord who resides overseas. Thus, while you are away, the property may be rented or leased.This leased home would be an excellent source of income for a landlord who is based overseas and will not be using the house personally. However, it is a common occurrence in India for renters to delay vacating the residential/commercial property, resulting in landlord-tenant disputes. Thus, if you are an NRI landlord, you must take certain measures before to renting out your home and during the rental agreement, with the assistance of a property lawyer.
Finding and screening tenants, drafting and enforcing a rental agreement, and collecting rent online are all critical landlord responsibilities that a civil litigation attorney can assist you with.
If you want to rent out your home, the first and most important step is to do a background check on your renter. You must investigate his qualifications, history, and market repute. If a tenant has a positive reputation, the likelihood of a violation or tenant conflict is reduced. Additionally, you may inquire about his manner, behavior, and if he makes timely rent deposits from his prior landlord. Additionally, it is essential to get appropriate documentation from your renter, such as identification and proof of residence, to ensure that he can be reached and stays traceable. A landlord should seek for a renter who is capable of paying the entire rent each month, does not have a criminal record, and has a good rental history. Tenant screening is mostly used to assist in locating real renters who will pay rent on time and take care of your home as if it were their own. To choose responsible renters, screen out undesirable tenants from those that contact you. A well-designed screening procedure with defined tenant criteria can assist in weeding out renters who will not qualify due to an eviction history, uncertain income, or other factors.
After securing a suitable renter, you must enter into a written agreement with the tenant that is comprehensive in every way. To protect a landlord’s interest in the property, the Rent Agreement must be properly drafted and reviewed by a property attorney.
A landlord should ensure that the contract conditions are explicit and that the property’s intended use is specified in the contract. It is essential to include all lease provisions, such as the term of the lease, the method of payment, the penalties of non-payment of rent, and the notice time for eviction. Thus, it is essential to have a comprehensive, well-written rent or lease agreement.
Additionally, it is essential to renew the contract in a timely manner upon the expiration of the original agreement and to examine the conditions included within. A landlord should not leave their property; rather, they should continue to monitor it and defend their landlord rights. A landlord should ensure that his or her representative visits the property on a frequent basis and monitors the property, its condition, and the tenant’s compliance with the agreement’s terms.
Additionally, such agent should keep track of any unauthorized building or alteration of the property without the landlord’s consent. This also assists the representative in determining if the renter sublets the property. It is very suggested that the landlord retains a part of the property for his use during his stay to India. For instance, if a landlord owns a three-story residential building, the landlord may retain control of one level.
Civil Litigation Attorneys suggest that payment be made directly to the landlord’s bank account. Landlords should guarantee that rent is received in his account rather than being collected in cash or via the bank by his agent.
The landlord should maintain contact with the renter and keep an eye on his whereabouts and behavior. This keeps the landlord informed about the tenant’s whereabouts and behavior. Additionally, this keeps the landlord informed about the tenant’s attitude toward the property.
While managing your rental property is not your main source of income, it is still a business and a source of additional revenue. It is critical to have a professional demeanor with your renters, to keep your financials in order, and to do comprehensive tenant screening prior to tenants moving in. As a result, it is advised that appropriate legal counsel be obtained from a property attorney prior to an NRI landlord renting out property. All necessary provisions may be included in the rental agreement, ensuring that an NRI does not encounter future problems with their leased home or a breach of his or her landlord’s rights. As an NRI, one must safeguard the landlord’s rights and prevent unnecessarily legal complications.