Rent control is a highly sensitive and complex issue that can be a major concern for landlords and tenants alike. In India, the Rent Control Act aims to regulate the relationship between landlords and tenants and provide protection to tenants against arbitrary rent increases and eviction. However, disputes related to the Rent Control Act can often lead to litigation, making it essential to hire expert advocates who can effectively represent your interests. The Chennai Law Forum is a leading platform for individuals and businesses seeking legal assistance in rent control act litigation. In this article, we will explore how to hire expert advocates in the Chennai Law Forum to ensure that your rights are protected in rent control disputes.
ADVOCATES FOR RENT CONTROL ACT LITIGATION
Have you got served with summons or complaint by your landlord or tenant?. Would you like to resolve the landlord-tenant dispute through courts?. The most vital thing is to present yourselves at the time, date and court premise of summons. If you fail to do so, it may result in judgment against you. Choose the best Civil lawyers for Rent control act litigation in Chennai.
Landlord and Tenant Agreement
Every landlord and tenant who come to an agreement does not have issues. In any case, their relationship goes sour leading to disputes. A landlord lets out his property for rent or lease. And a tenant occupies the same. Then both landlord and tenant come under Rent Control Act. Every state in India has its own rent control Acts.
Our state has Tamil Nadu Buildings Lease and Rent Control Act 1960. The main aim of the rent control act is to settle disputes between tenants and landlords.
Courts for landlord & tenant disputes
Rent courts are the sole authority to decide on landlord & tenant disputes. Rent courts function under High court control. In fact, Rent courts follow the Transfer of Property Act and the Indian contract Act also.
The civil court process of resolving disputes
The process of rent courts is the same as the civil court process of resolving disputes. Rent courts now do not allow more than three hearings.
Under special cases, it allows more for valid reasons. The costs have to be borne by the party for an adjournment. Rent court when conducting an inquiry has the power to inspect the property by giving 24-hour notice.
Support of police
Rent court can correct Clerical errors or accidental omissions. Moreover, Rent courts have the power to execute their order by taking possession of the property. Rent courts have the support of police and local govt to execute their orders.
Properties Exempt from Rent Control Act
The following are the instances where the rent control act does not apply
- Properties sub-let to banks or Public Sector Corporations
- Undertakings of state or central or foreign missions or MNC or international agencies
- Premises let out to Pvt. Ltd and Public Ltd. companies having capital above 1 crore
What are the reasons a tenant can sue his landlord?
Sometimes there may be situations where conflict between a landlord & tenant gets escalated. Then it is wise to seek a lawyer’s help to resolve your issues.
- Withholding security deposit by the landlord
- Illegal clauses in lease or rental agreements. It can be like the landlord not duty for repairs etc.
- Non- reimbursement of repairs costs by the landlord
- File a lawsuit when a landlord refuses to make repairs affecting your health and safety
- Landlord does not disclose any mould and other hazards in the premises to the tenant
- Illegal entry into tenant’s premises without his permission.
- Injury at the rental property
- Landlord has filed an illegal eviction
- Other reasons
Benefits of litigation against a landlord
The Merits of Filing a Lawsuit for Tenants are as follows.
- A lawsuit can motivate a landlord to come to an out-of-court settlement like mediation or negotiation.
- The tenant can receive money entitled to him. He can get even more than his entitlement amount
- Next, the Tenant can sue and get damages when he wins a case in court for his pain or suffering.
- The tenant can clear his clear name in his legal history and enjoy a good name and reputation in future.
- The tenant who got filed for wrongful eviction can continue to stay on the premises
What are the Risks of filing a lawsuit against the landlord?
A lawsuit against a landlord has the following potential risks:
- Filing a case in court always does not give you victory. You can sometimes lose your case
- Filing a lawsuit costs more. You need to beat the expenses of court fees and attorney fees
- Landlord can sue you in return. He can counter-sue you. When you lose your counter-suit, you need to pay the court costs and attorney fees and damages
What are the reasons to file a lawsuit against the tenant?
Some of the top reasons a landlord can file a lawsuit against his tenant are as follows:
- Unpaid rent- Landlord can send notice to the tenant for unpaid rent. If it does not work then file for eviction and sue them for unpaid rent
- Unpaid bills – Landlord can sue the tenant for any unpaid bills. More often this amount gets deducted from the security deposit. When this amount exceeds the security deposit, he can file a suit with rental courts.
- Property damage – in case of property damage, a landlord can file a lawsuit. Again this amount is deductible from the security deposit. When this amount exceeds the security deposit, he can file a suit with rental courts.
- Extra security deposit – when deduction amt. exceeds the security deposit, the landlord can collect an extra security deposit from the tenant. When the tenant refuses to comply, the landlord can file a lawsuit
- Unapproved reshaping of premises: When a tenant makes alterations to the property without the landlord’s approval. Then a landlord can file a lawsuit
- Counter-sue for security deposit – tenant files case for wrongful withholding of security deposit. you can file a counter sue a case against them.
- Recover loss from illegal move out – tenant vacates house before agreed period. Then he can recover rent for the last period of lease.
- Use of property for illegal dealings
- Expenses to dispose of off tenants jilt things
- Law suits for having illegal pets
- Other breach of rental or lease agreements
Lawyers for filing law suit for Rent Control litigation in Chennai ?
Filing a law suit is one of the options to seek justice. But it is not always the best option. If you get into habit of filing law suits then in future your dealings as landlord or tenant may get stagy. There are some events where a law suit is out of one’s hands like in cases of injury and so on. Contact the best lawyers in Chennai for filing law suit for Rent Control issues.
Civil attorneys in Chennai
Bring your issues to our Civil Lawyers for Rent Control Litigation and disputes. Civil attorneys in Chennai Law forum will assist you with our legal opinion about your case. Get in touch with chennai law forum advocates today.