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Dec 54 min read

What Should You Do Legally If Your Landlord Violates Your Lease Agreement

In India, Rental Market Plays A Paramount Role In Providing Housing For Large Masses. The Rent Agreement Forms A Very Important Means For Safeguarding The Respective Rights Of Landlords And Tenants By Providing Accuracy And Clarity In The Overall Rental Process.

Over The Past Few Years, The Indian Government Has Made Significant Changes And Proposed Reforms In Rent Agreement Laws That Have Emerged To Address Changing Challenges And Promote A Fair And Transparent Rental Ecosystem. These Changes Focus On The Protection Of Both Landlords' And Tenants' Rights And Streamline The Processes Of Rentals To Ensure An Equitable And Fair Rental Market.


Who Is A Landlord


A Landlord Can Be Well Defined And Explained As The Actual Owner Of A Given Property Who Rents It Out To Somebody Else, May It Be A Residential House, Apartment, Commercial Building, Or Land. Most Importantly, A Landlord Has To Take Care Of The Property Itself, Collect Rent Every Month, And Maintain The Terms Of The Rental Agreement Regarding Any Resident Of The Property. On The Other Hand, The Tenants Are Filled With Happy Feelings And Are Required To Pay Rents To The Landlord To Enjoy Living In This Property.


Landlord Duties Include Various Mundane Matters, But Also These Include Some Legal Rights Under Which Protections Exist For Your Investment. A Good Understanding Of These Rights Is Important For A Property Owner.


What Is Violation Of Lease Agreement By Landlord


First, Ensure That Your Landlord Has Truly Violated The Rental Agreement. Get Your Copy Of The Rental Contract And Read It Well. Better Still, Get An Attorney To Go Over The Document With You In Order To Understand It Better. Although No Two Rental Agreements Are Absolutely The Same, Certain Stipulations Are Found In Every Rental Contract Since The Tenants And Landlords Need To Understand The Rights And Responsibilities Of Both Of Them. Here Are Some Examples Of What Landlords Are Often Responsible For And That Can Be Seen As A Breach Of Contract:


  • By And Large, It Can Be Said That Landlords Must Provide Or Assure Tenants A Reasonably Liveable Residence. When Repairs Are Unattended To By Your Landlord, If He Does Not, When Necessary, Call An Exterminator, Or Does Not Keep Up The Property To Livable Standards, He Is In Breach Of This Agreement With You.


  • This Is Where The Majority Of Landlords Tend To Breach Their Rental Agreement Mostly Since Most Landlords Generally Inspect Properties To Ascertain How Proper Are The Tenants In Taking Care Of The Rented House, But The Landlord Is Required To Send At Least A Written Notice Of An Impending Inspection At Least 24 Hours Before Entry Into The Premises. If He Fails To Do So, He Infringes Upon Rental Agreement.


  • Even If You Have Vacated The Rental Property For Some Reason, Your Landlord May Still Be Violating The Rental Agreement By Not Returning Your Security Deposit. Security Deposits Can Be Withheld Only When A Tenant Has Caused Significant Damages To The Property Or Violated The Rental Agreement In Some Other Way. If Your Landlord Cannot Prove That You Did Either Of Those Things, They Must Return Your Deposit.


Legal Remedies In Case Landlord Violates Rent Agreement


  • It's Common For Someone Who Has An Unpleasant Relationship With Their Landlord To Jump Straight Into A Lawsuit For Breach Of Contract. But There Are A Few Steps You Need To Take Before Diving Into The Deep End Of Litigation.


A) Firstly, Don't Leave The Property Or Withhold Your Rent Unless You Are Certain Beyond Doubt That You Have The Right To Do So. The Proper Procedure Has To Be Followed; Otherwise, You Might Face A Lawsuit, And This Time, You Will Find Yourself On The Defense Instead Of The Plaintiff.


B) That Legal Notice Should Be A Thorough Outline, Actually Explaining The Violation And Also How Long It Has Been Happening. Specify What Needs To Be Done To Remedy The Situation And Point To The Exact Section Of Your Agreement That Substantiates Your Claim. Thereafter, Inform Your Landlord That Should This Not Be Rectified, You Will Proceed With Legal Battle Against Them. Finally, Send The Letter Through Certified Mail Requesting Your Landlord To Sign For It; You Will Want The Receipt As A Proof If You Need To Take The Matter To Court.


  • Then, If Written Requests Haven't Helped You Forward Your Situation, Think About Involving A Third Party Mediator. Make Sure You Don't Settle With Somebody With Vested Interests; Your Property Manager Is Most Probably Biased, Receiving Some Financial Ties From Your Landlord. Instead, Contact An Outside Mediator To Assist You And Your Landlord In Communicating And Resolving Any Difficulties That Arise.

  • Taking The Landlord To Small Claims Court Is A Very Difficult Step Because It Is The Biggest Step To Take When Attempting To Go Into A Property With The Landlord. In Fact, Most Landowners Will Try To Throw You Out As Soon As Possible So That You Will Not Sue Them In The Future. But If You Already Left The Apartment, Or Are Going To Do So, Or Even Want To Take Legal Actions To End The Rental Contract, You Can Go To Civil Action, Which Can Be A Very Great Option For You.


For Any Legal Concerns, You Must Contact Lead India. We Offer Free Legal Consultations And Many More Services. You Can Have A Conversation With Professional Lawyers On This Platform. Ask Any Legal Questions Freely. We Offer Free Legal Consultations With Others In Legal Services. At Lead India, We Assure You That All Your Personal Details And Documents Will Remain Private. We Never Disclose Such Information To Anyone. We Give You Such Capability To See Your Cases Online Through The Web Dashboard. You Can Easily Keep Track Of Case Status, Payment Status, Etc.


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