by Mr.
Adhil Shetty, BankBazaar.com
Background check on
prospective lessees helps owners gauge their credibility
Very often, the
relationship between a tenant and a landlord is not the most pleasant. It is
characterised by conflict of interest, bitter conversations and, sometimes, legal
battles.
As far as getting
involved in a landlord and tenant
‘situation’ is concerned, it is better to stay safe than be sorry later on.
So, before letting
out a property, it is imperative the landlord takes the cautious approach.
Of all the vexatious
issues between the two parties, refusal to vacate the property is one of the
most common.
Many things can
trigger the unpleasantness, including intentional non-payment of rent,
inability to pay, or / just a not
leaving despite not having the right to remain on the premises.
However, no matter
what the scenario, these problems can be dealt with only by taking some
precautionary measures and following the certain legal processes.
Antecedent check..
Before giving the
residential or / commercial property on rent to someone, it is imperative to
conduct a proper background check on the potential rentees.
They can be asked to
provide a certificate of reference from a credible source or the contact
details of a previous landlord who would verify the tenant’s details.
In addition, it is
important to obtain valid identity proof and proof of permanent address, in
whatever state or / country, before finalising the deal.
The documents
submitted by the tenant should be carefully scrutinised for any kind of
discrepancy or forgery.
Police Power..
A simple background
check isn’t enough to establish the tenant’s credentials.
After all, with money
anything can be done. Only police verification by local authorities will reveal
the true identity of the tenant. In some cities, the verification process has
become mandatory; skipping it is punishable by law.
Landlords are
required to furnish details of the tenant to the police authorities, along with
photographs and documents for background check.
This eliminates the
chances of renting to someone with even a minor criminal record.
The police issue a
kind of character verification certificate which the landlord, if and when
required, can present to the office of the housing society.
No matter for what
duration a property is being rented out, constructing a valid rental agreement
is extremely important.
This notarised legal
document contains many details, rules & regulations such as tenure period,
the total amount of deposit, amount of rent payable and mode of payment,
special clauses of agreement violation or cancellation, rules of decorum,
notice period or agreement renewal terms, and many other things.
This legal document
often serves as a security for the landlord when tenants refuse to leave or /
pay the rent on time. There are various grounds on the basis of which a
landlord might ask the tenant to leave the property, which might include
completion of tenure period, non-payment of rent, indulgence in illegal
activities and the like.
In case the tenant
refuses to leave the property, the landlord might approach the appropriate
authorities who are given the power to oversee such situations.
The police can come
to the rescue only if the tenant is involved in illicit activities on the
premises.
Otherwise, it is
advised to go to the assigned authorities or / the civil court. The process can
take an indefinite period of time & if closed with a failed judgement, the
landlord has the right to take the matter to the high court.
Though
landlord-tenant issues are inevitable, savvy property owners still have a fair
chance of improving the situation for both parties by taking note of these tips
and pointers.
For those willing,
establishing their own ground rules &
making them legally sound would mean living on the safe side.
A legal document
spelling out details of rent and end of lease period can protect the landlord
from harassment
About the author...
The author Mr.
Adhil Shetty is
CEO at BankBazaar.com
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