Tennant's rights,


Sir, I am paying my house rent promptly for the last 2 years. Rental agreement deed for 11 months and signed by me and the house owner.My neighbor is the seller of the home to my house owner which i am residing .The neighbor complained to my house owner,we are not maintain the home cleanly.Actually opposite to my home new house construction is going on and due to that sand,dust forming in front walls of my home.My house owner called me and asked me to vacate the house within 2 months as per agreement.But i explained him my daughter is pregnancy and delivery time fixed by doctors Feb 2018. He accepted and asked to vacate me Feb 2018. My main intention in this matter is when i attend to speak with him unnecessarily his brother in law and his employee [ staff working in his shop ] argued with me in loud voice about not maintain the house properly.They created mental stress to me.Further after delivery also my daughter stays with me for another six months because she is in need of our help for her new first child and then only she go abroad to join with her husband.Further i am paralyzed person and my mother is 82 years age living with me.We are searching for ground floor due to our condition.Then only we can go to doctors check up and for everything to be easy.At present vacant position available only in 1st or 2nd floors only.So after Feb 2018 suppose if we want to extent time ,how to convince the house owner and suppose if he does not agrees what are the legal procedures i have to take precautionary action to avoid the house owners harassment if anything happen.
 
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Since it is an agreement therefore parties are bound by the terms and conditions mentioned in it. As you are in need, you may approach the House Owner and in a clm way try to make him understand your situation and ask him that you need his support.

 

Incase the owner fails to do so, then you may take the help of the NGO's to support your matter or take help of the neighbours who could intervene and resolve the problem.

Regards

Adv. Rohit M. Dalmia

9324538481

 
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Sir,

Thanking you for your reply.

Please inform me how to approach & which NGO'S ?

Regards,

Rajan

 
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Supreme Court's model rent agreement assures tenant 5 yrs' stay
 

as drafted a model landlord-tenant agreement promising tenants five years of peaceful stay in the premises if they give rent at market rate, increase it by 10% every three years and pay the property tax for the house.
It asked the tenants to pay up every charge accrued on the house to enable the landlord get the rentals without any deduction.
"If the present and prevalent market rent assessed and fixed between the parties is paid by the tenant, the landlord shall not be entitled to bring any action for his eviction against such a tenant at least for a period of five years.
Thus, for five years the tenant shall enjoy immunity from being evicted from the premises," the court said. The court realized that in most landlord-tenant disputes, there were no written contracts and the tenants took advantage of the situation because of the slow process of rent control laws and the judicial process involved in eviction.
The court said adherence to these guidelines could considerably bring down litigation. This judgment would not affect the tenancy governed by existing lease deeds or specific contracts between the landlord and tenant.
It found tenants occupying the property by paying rent at a rate determined 20-25 years ago, and said half of the landlord-tenant disputes would not have reached the courts if the tenants agreed to pay rent at market rate.
Writing from personal and judicial experience, the court said: "We deem it our duty and obligation to fix some guidelines and norms for such type of litigation, so as to minimize the landlord-tenant litigation at all levels."
It said: "The tenant must enhance the rent according to the terms of the agreement or at least by 10% after every three years. If the rent is too low in comparison to the market rent having been fixed almost 20 to 25 years back, then the present market rate should be worked out."
It should be determined either on the basis of valuation report or reliable estimates of building rentals in surrounding areas let out recently, said Justice Bhandari, who authored the judgment for the bench.
"The rent should be just, proper and adequate and be fixed keeping in mind the location of the property, type of construction, accessibility with the main road, availability of parking space. Care should be taken that it does not end up being a bonanza for the landlord," it said.
"Apart from the rentals, property tax, water tax, maintenance charges, electricity charges for the actual consumption of the tenanted premises and for common area shall be payable by the tenant only so that the landlord gets the actual rent out of which nothing should be deductible," he said.
"In case there is enhancement in property tax, water tax or maintenance charges, electricity charges then the same shall also be borne by the tenant only," the bench said.
Minor repairs of the premises would be carried out by the tenant from his own pocket and he could not undertake any major repairs, requiring reimbursement, without prior permission from the landlord, the bench said.
"If any major repairs are carried out then in that case only after obtaining permission from the landlord in writing, the same shall be carried out and modalities with regard to adjustment of the amount spent thereon, would have to be worked out between the parties," the court said.
 

Please explain about above Supreme Court's model rent agreement.

 
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