Saturday, July 15, 2006
Tenants can’t claim ownership
As long as the term continues, the tenant has all rights over the property leased to him, except the right to ownership and title of the property. Right to undisturbed possession and enjoyment of the house is the essential character of tenancy.
Lease Deed: The rights of the tenant are generally what both the lessor (owner of the house) and the lessee (tenant) agree upon. Thus the agreement becomes the real law that gives out rights and prescribed obligations to the parties concerned. Hence, the tenant should see to it that his interests are incorporated in the rent-deed. The tenant loses his tenancy rights if he breaches the terms of agreement.
Lessee remains a lessee: When the tenant disputes the title of the owner or when he stakes a claim to the ownership of the leased house, tenancy can be terminated. “Once a tenant always a tenant” is the established principle of property law. The tenant cannot become the owner of the leased property just because he’s been living there for years. The tenant can become the owner only when he buys the property.
Eviction by due process: Though the landlord has right to evict the tenant, under certain circumstances, it can be done only after issuing a notice and giving sufficient time to find alternative accommodation. If the tenant refuses to vacate the room, the landlord has to approach the court of law to secure an order for eviction. Possession is considered nine points of the law and the State and law favours protection of possession rather than disturbing it.
Security of tenure: The tenant has a right to complete the agreed upon term. However, the lease can be terminated by:
a) Mutual agreement: Both the parties agree on putting an end to the contract.
b) Unilateral termination: Either party can give notice of intention to vacate the house.
Right to repair: Landlords have a legal responsibility to carry out repairs to the structure. Tenants can demand the landlord to do so. Tenants can do it on their own, provided they get the landlord’s approval. The landlord will have to reimburse the money if the tenants take up repair work voluntarily.
Right to inherit: If a tenant dies during the term of tenancy, the spouse can inherit the tenancy rights with the same conditions.
Right to home improvement: The tenant has a right to make improvements if he/she gets a written permission from the landlord. The tenant can approach the civil court if he is denied permission. There is a right to compensation for improvements made with the written permission of the landlord.
Right to habitable house: The law gives tenants an “implied warranty of habitability.” This means that the landlord must promise that the property is safe and fit to live in.
Right to receipt: The tenant has the right to get an authorised receipt for the rent or advance he pays
Lease Deed: The rights of the tenant are generally what both the lessor (owner of the house) and the lessee (tenant) agree upon. Thus the agreement becomes the real law that gives out rights and prescribed obligations to the parties concerned. Hence, the tenant should see to it that his interests are incorporated in the rent-deed. The tenant loses his tenancy rights if he breaches the terms of agreement.
Lessee remains a lessee: When the tenant disputes the title of the owner or when he stakes a claim to the ownership of the leased house, tenancy can be terminated. “Once a tenant always a tenant” is the established principle of property law. The tenant cannot become the owner of the leased property just because he’s been living there for years. The tenant can become the owner only when he buys the property.
Eviction by due process: Though the landlord has right to evict the tenant, under certain circumstances, it can be done only after issuing a notice and giving sufficient time to find alternative accommodation. If the tenant refuses to vacate the room, the landlord has to approach the court of law to secure an order for eviction. Possession is considered nine points of the law and the State and law favours protection of possession rather than disturbing it.
Security of tenure: The tenant has a right to complete the agreed upon term. However, the lease can be terminated by:
a) Mutual agreement: Both the parties agree on putting an end to the contract.
b) Unilateral termination: Either party can give notice of intention to vacate the house.
Right to repair: Landlords have a legal responsibility to carry out repairs to the structure. Tenants can demand the landlord to do so. Tenants can do it on their own, provided they get the landlord’s approval. The landlord will have to reimburse the money if the tenants take up repair work voluntarily.
Right to inherit: If a tenant dies during the term of tenancy, the spouse can inherit the tenancy rights with the same conditions.
Right to home improvement: The tenant has a right to make improvements if he/she gets a written permission from the landlord. The tenant can approach the civil court if he is denied permission. There is a right to compensation for improvements made with the written permission of the landlord.
Right to habitable house: The law gives tenants an “implied warranty of habitability.” This means that the landlord must promise that the property is safe and fit to live in.
Right to receipt: The tenant has the right to get an authorised receipt for the rent or advance he pays
# posted by mashup @ 7:26 PM 
