Shagun Srivastava | Legistify

Shagun Srivastava
Answered on 27 Jul 2019

This would not be legal as a Rent Agreement can only be valid if it clearly mentions that you are a tenant of that apartment. You can make a new registered Rent Agreement in your name then you can easily apply for a passport as it would be considered address proof. Still not sure with the information may be our experienced property law lawyer in India can help you in your matter.Read More

Posted on 26 Jul 2019 | 1 Answer

Aditi Singh | Legistify

Aditi Singh
Answered on 17 Jul 2019

Living or even extending your entry into someone else’s property without or against his consent is an offence. The offence which deals with the excess of time spent in a particular place where you should not be or when you have no right over it is covered under trespass. It is a type of trespass in which a person who had a limited authority or consent to be in a particular place, extends his presence after the time till which he was given the authority to be there, commits an offence of trespass. Trespass has been explained in the law of torts and under the Indian Penal Code. Under torts, it is wrong but the punishment of trespass has been explained in the Indian Penal Code. Still not satisfied with the information may be our top property law lawyer in India can help you.Read More

Posted on 16 Jul 2019 | 1 Answer

Tanya Mahajan | Legistify

Tanya Mahajan
Answered on 13 Jul 2019

You can file the case under Rent control Act in civil court. The Rent Control Act intends to protect tenants against discrimination and against unfair behavior of the landlords and brokers. You can consult ou top property lawyer in India who will guide you for the same.Read More

Posted on 12 Jul 2019 | 1 Answer

Tanya Mahajan | Legistify

Tanya Mahajan
Answered on 16 Jul 2019

The landlords in some states allow up to 30 percent area of a house to be put to commercial use by professionals such as doctors, lawyers, and chartered accountants, but others do not and the landlord can certainly sell his property, even with you living there under a lease. Still not satisfied with the information you can consult our expert property lawyer in India who can help and guide you for the same.Read More

Posted on 13 Jul 2019 | 1 Answer

Aditi Singh | Legistify

Aditi Singh
Answered on 15 Jul 2019

Firstly, the owner cannot throw you out as you have the rent agreement with you and In a tenancy agreement, the tenant is in possession of the flat, while the landlord is the owner of the flat. Under the law of tort, if the landlord were to interfere with the possessory rights of the tenant, the latter would have a claim in trespass, despite the landlord being the owner of the flat. READ: What to do in case your property is Trespassed? If the landowner trespasses, then the tenant must go ahead and lodge a police complaint under Section 441 of the Indian Penal Code. The tenant can also plead for interim relief from the court restraining the trespasser from causing any further damage. Interim or temporary relief can be granted at any period of a suit. It is also impertinent for you to know the particulars of the trespasser and make note of the instances of trespass. Details like the date, time, the number of times the person trespassed along with a photograph or video would add to your benefit. Rights of a Tenant under the Indian Laws: 1. Right to Privacy: The landlord cannot walk into the house without prior permission or information unless there is a true emergency like a fire or a flood in the bathroom. 2. Right to be informed prior to the termination of the tenancy: The tenant is entitled to a certain amount of prior notice of the termination of tenancy. Still confused with the information may be our experts in property matter in India can help you and guide you what to do in further.Read More

Posted on 13 Jul 2019 | 1 Answer

Advocate Vabhav | Legistify

Advocate Vabhav
Answered on 16 Jun 2019

With respect to your query, the legal opinion is as under:- (1) Parties are bound by the terms of Contract (2) As per terms/clause of Contract, your owner is bound to return the deposited security/lease amount. (3) There is no problem with your stay in the rented accommodation and ask your owner to return the amount.Read More

Posted on 14 Jun 2019 | 1 Answer

Advocate Vabhav | Legistify

Advocate Vabhav
Answered on 26 May 2019

With respect to your query, the legal opinion is as under:- (1) Parties are always bind by the terms of contract. (2) However, notice for termination of tenancy is required to be served. Please note that Under Transfer of Property Act, as amended in UP, the notice of termination of tenancy is given under section 106 giving thirty days time to tenant to vacate the accommodation. You may please check the amendment for your state. (3) From your query, it reflects that there is an element of cheating or misrepresentation on the part of your landlord, so you can file a criminal complaint or FIR (4) The remedy for money recovery is to go to Civil Court for recovery of the money.Read More

Posted on 23 May 2019 | 2 Answers

Harini S | Legistify

Harini S
Answered on 22 Feb 2019

No, a tenant cannot leave the house without providing a prior notice, if such a clause is mentioned in the landlord-tenant agreement. If such a clause is mentioned only then you can take a legal action against the tenant. In order to take a legal action you need to first cosult with a property lawyer in India, who can help you with the drafting and serving of a notice to the tenant.Read More

Posted on 18 Feb 2019 | 1 Answer

Team Legistify | Legistify

Team Legistify
Answered on 05 Feb 2019

You can consult a good property lawyer in India and send a legal notice to the landlord to claim your money back. If the landlord fails to reply to this notice, you can proceed to file a civil suit against them on the basis of your rent agreement.Read More

Posted on 02 Jan 2019 | 1 Answer

Team Legistify | Legistify

Team Legistify
Answered on 29 Jan 2019

If you entered into a rental agreement with your landlord that specifically mentions that your security deposit is refundable, and your landlord is not paying your deposit back, you can take the following steps: Send a legal notice: You need to first send a legal notice to the landlord to ask for the deposit back. You need to consult a property lawyer in India to send the legal notice the landlord. If the landlord does not ay you the deposit back, you can take the next step. File a civil suit: You can file a civil suit against the landlord for breach of contract i.e. breach of your rent agreement.  Read More

Posted on 05 Jan 2019 | 1 Answer