Someone apart from the owner of the property is signing my rent agreement. Is this legal?
Yes, if the person renting the property to you has a general power of attorney from the owner, then he can sign a rent agreement on behalf of the owner.
What is Police Verification with respect to renting an accommodation?
Police Verification happens when the police verifies your identity and makes sure that you do not have any criminal record. While renting a house, it is the duty of the landlord to do police verification under the law and make you fill a “police verification form”, otherwise he will be punished. Sometimes even brokers help landlords to do the police verification but you do not have to do it yourself or pay any money for the form.
Is it compulsory to get the lease deed registered?
Yes, if your lease deed is for 12 months or more, then it is compulsory to get it registered. Otherwise, if it is less than 12 months, even though compulsory registration is not required under the law, it is better to get it registered in case you need to prove your address for any reason such as passport verification, Aadhar verification etc.
Why is it important to get rent receipts from the landlord?
It is always a good practice to get rent receipts especially if you are paying rent in cash. Taking rent receipts can have advantages such as claiming tax exemption while filing your return (if you are eligible), using it as evidence if a dispute arises from the rent agreement, etc.
Are online transfer receipts proof of payment of rent?
If you have paid your rent online, i.e. through a bank transfer, the receipt of the bank transfer would not be counted as a rent receipt. It will only be a proof of your online transaction.
If I want to use my rented premises to start a business, do I have to inform my landlord?
You have to take the permission of the landlord if you have rented a premise for residential purpose but intend to use it for business or commercial purposes. However, if you have rented it specifically for business purposes and the same is mentioned in your agreement, then you do not need to inform the landlord/licensor.
I am going to travel for 3 months. Can I sublet my rented apartment to someone else for those 3 months?
No, you cannot sublet your rented premises to anyone, unless you have the express consent of the landlord. If you sublet without taking the permission of your landlord, you may be evicted.
What will happen if I do not give my landlord notice before leaving the rented house?
The notice period is given in your agreement. If you do not provide the required amount of notice before leaving the house, the landlord/licensor can deduct an amount from the security deposit, which will be equivalent to the notice period. For example, if your notice period was one month and you informed the landlord that you would be leaving in one week, he can deduct three weeks worth of rent from your security deposit.
The property I want to rent is jointly owned by 2 people. Do both of them have to be present at the sub-registrar or registrar’s office during registration?
Yes, both the property owners have to be present to register the written agreement along with you and two witnesses.
Is the responsibility of doing repairs in the rented house solely mine or only the landlord’s/licensor’s?
The responsibility to do the major repairs in the house are usually with the landlord/licensor and minor repairs are usually with the tenant. Usually, the assignment of responsibilities for undertaking repairs in written in the agreement.
What is the purpose of having receipts and copies of all the renting documents?
After you have signed your rent agreement, try to ask for the following receipts:
- Rent Receipts
- Security Deposit
- Brokerage
These receipts will be helpful to show the record of money exchanged between you and the landlord/broker and for tax filing and House Rent Allowance (HRA) reimbursement purposes.
It is important to have copies of the following:
- Rent/Lease/Leave and License agreement.
- Police Verification form
- Bill for utilities such as electricity, water etc.
Having copies allows you to use them as proof if you had to go to court, or as residence proof, proof of payment of expenses with the landlord etc.
Can the landlord increase my rent?
Your landlord can increase your rent at the end of your lease, but not in between. However, if it is a month-by-month lease, the landlord can give you a notice at any point and increase the rent from the following month.
During the police verification process done by a landlord, while I am renting a house, can the police come search my house?
No, if the police are coming to your house for the verification, it means that they are verifying your identity and the details you have given in the form. They will check the address and might possibly even come to your house, but they do not have a right to go around the house and inspect it.
What to do if tenants evicted without giving rent
If you are the landlord and the tenants vacated the house without paying rent, you can file a complaint to the police against your tenant. For this, you will have to go to the police station and file an FIR. You should make sure you give all the information you know about the incident and trouble you have faced with your tenant.
If you are a tenant without a lease agreement and you feel that the landlord is unfairly evicting you for non-payment of rent, please contact a lawyer for further help.
Tenant refusing to vacant house even giving notice
Even after giving notice, if the tenant refuses to vacate the property, this is a breach of contract because the tenant is violating the rent agreement. We would recommend that you contact a lawyer who can assist you based on your specific rent agreement.
If a police officer is refusing to take action on your complaint, then you can:
- Write down the complaint and send it to the Superintendent of Police. If the Superintendent feels there is merit in the case, they can appoint a police officer to start an investigation.
- Take the help of a lawyer while going to the police station. Lawyers can advocate on behalf of a person and reduce the possibility of harassment from police officers.
- Approach the District/Judicial Magistrate directly to file a ‘private complaint’. Further, if a Magistrate thinks proper investigation is not being done by the officer-in-charge of a police station, the Magistrate can certainly direct the officer to make a proper investigation and can also monitor the investigation. So, you can apply to the concerned Magistrate for monitoring the police investigation, and the Magistrate can then issue appropriate directions for speedy completion of the investigation.
You can also file a complaint against the Investigating Officer for deliberately disobeying any law which regulates the manner of conducting an investigation. Under Section 166A of the Indian Penal Code, 1860, the officer can be punished with imprisonment for six months to two years, along with a fine.
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