Steps to avoid situation of unauthorized occupancy by a tenant

Landowners do face major hurdle when it comes to eviction of the tenant. Non Resident Indian’s (NRI’s) in particular face this issue as certain times tenants take advantage of the situation that Owner is staying abroad and can’t help much. Also as the relationship is delicate, the same need to be taken care properly but certain measures should be taken to ensure that tenant is obliging to legitimate demand of the owner.

The million dollar question is what measures to be taken and whether these measures will fully ensure that tenant can be evicted on situation. The answer is NO but as it is always said that “prevention is better than cure”. So, how we can prevent such situation:

1)     Rental agreements should be drafted in proper legal way and not resorting to online sources. The professionally drafted rental agreements will help in covering the most important clauses and will help in mitigating risk when it comes to legally evicting tenants in court. Also, such agreements will make the tenant cautious of taking any undue advantage of owners being NRI’s.

2)     Agreements to be done by paying proper stamp duty and to be registered based on state specific law.

3)     If an NRI is the owner and is not present for signing of the Rental agreement, Power of Attorney on Owner’s behalf to do sign on the agreement. Such PoA’s also to ensure to be properly drafted and to be specific in nature rather than general.

4)     Tenants under supervision of a professional tenant management company  helps in many situations and that also ensures that the agreement is properly explained to the tenant by the tenant management company (should go with such company who are unbiased and service only one party i.e, You, the Owner).

5)     In any case of not depositing of rent should be brought to tenant notice immediately and get the matter resolved else rental agreement to have clause on such delayed payment repercussions legally mentioned clearly.

6)     Most importantly, renewal of rental agreements to be done on time to avoid any situation of occupancy by tenant.

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