Leave & License

Can the owner ask the tenants to vacate if they haven't paid the rent or have made any unauthorized changes in the flat? How can this be done?
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Dhiren Shah,Advocate & Solicitor

291 Answered

Answered on November 08, 2017
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    • Yes, by serving legal notice of eviction to the tenant.
    In a standard lease agreement, what are the rights and duties of the lessor and the lessee?
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    Dhiren Shah,Advocate & Solicitor

    291 Answered

    Answered on November 08, 2017
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    • Detailed information for the same can be found here. http://www.incometaxindia.gov.in/Acts/Transfer%20of%20Property%20Act,%201882/102120000000008804.htm
    Does it make economic sense to buy and lease out a property, while yourself staying on rent in Mumbai?
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    Dhiren Shah,Advocate & Solicitor

    291 Answered

    Answered on November 08, 2017
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    • It is a very subjective question that can be answered on a case to case basis. Are you looking to buy and lease a flat in a distant suburb of mumbai just as an investment, but prefer that you are close to work and want to rent another property there ? Or are you planning to ensure that rental income of one place is used to offset the other. There are too many reasons why this may or not may not...
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    My mother in law who is 70 years old owns a property which is rented by someone since the last 40 years. He pays only Rs. 2,000 as rent, and for the past two years he has not even paid that. She has two daughters, and the property is bequeathed to them in her registered will. Now, the tenant is threatening to usurp the house. What can we do to evict this tenant?
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    Dhiren Shah,Advocate & Solicitor

    291 Answered

    Answered on November 08, 2017
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    • If the mother is not alive, then the Daughters can take legal action by filing a suit for the eviction in court. Else, the daughters can take a Power of Attorney from the Mother and file a suit for eviction. 
    Do buildings in Mumbai fall under the rent control act?
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    Dhiren Shah,Advocate & Solicitor

    291 Answered

    Answered on November 08, 2017
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    • Any property which is leasedwould be governed by the Transfer of Property Act and property let on monthly tenancy basis would be governed by Rent Control Act.
    I want to understand the complete process of renting out an office that I own in Goregaon in Mumbai. Are there any online or offline resources available to where I can understand everything to do with this?
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    Dhiren Shah,Advocate & Solicitor

    291 Answered

    Answered on November 08, 2017
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    • Ideal way is to either give an advertisement in local news paper or inform brokers dealing in rentals about the availibility of an office premises on rental.
    Is Rent Control Act helpful for the tenants? If yes, how?
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    Dhiren Shah,Advocate & Solicitor

    291 Answered

    Answered on November 08, 2017
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    • Yes, it freezes the rent to a large extent and does not permit Landlord to increase rent arbitrarily. Plus it also provides protection against unjust eviction.
    Does the tenant have to pay the rent till the end of the term even if he/she has vacated the house prior to the end of the term?
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    Dhiren Shah,Advocate & Solicitor

    291 Answered

    Answered on November 08, 2017
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    • One has to look at the terms of the rental/lease agreement. Standard practise is to give 1/3 months notice period before vacating. If there is no such provision in the agreement then one can stop paying rent after vacating the house.
    In what conditions can one terminate the lease agreement/tenancy? And how to do it?
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    Dhiren Shah,Advocate & Solicitor

    291 Answered

    Answered on November 08, 2017
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    • Lease agreement can be terminated only if lessee has violated terms and condition of the agreement. Lease can be terminated by giving a notice in writing to that effect.
    On the expiration of the lease, does the lessor have the righs to forcibly evict the lessee?
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    Dhiren Shah,Advocate & Solicitor

    291 Answered

    Answered on November 08, 2017
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    • No, the law does not permit forcible eviction. Eviction can be done only by following due process of law.