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Gurgaon News  | Gurgaon Blogs  |  Gurgaon Article

Prevent Yourself from Tenant Trouble
30/05/2014
Choosing a right tenant is not easy. One has to do tenant screening by checking information about their procession, family background and past track record. It will help to prevent you from an unsuitable tenant who provides trouble by not paying rent or damaging the property. Therefore before renting any property to tenant, it is always a wise choice to gain or acquire proper information about that person for a better tenant experience.

As per the Section 108(B) (m) of the Transfer of Property Act, 1882 (TPA), it is the duty of the tenant to keep the renting property safe, secure and in good condition means the property should be in the same condition when it was given to them for possession. The provision also says that the owner of the property has the rights to enter into the property for inspection and if he finds any trouble to his property, then tenant is liable to pay the damage amount.

One has to understand that the Section 108 will only be implemented in the ‘absence of a contract or local usage to the contrary’. It is highly necessary for the landlords or third parties to make sure to include provisions in leasing deed that can prevent them for any trouble in future. There is a provision in Section 108 which says that the tenant has to take care of the property just like an owner of the house. Therefore it is highly important to have an agreement under Section 108 of the TPA to take care of tenant trouble. However, one has to understand that Section 108 is only meant for tenancies therefore experts advise to ensure clauses having clear and well-drafted provisions like- use, repair and condition of handed back it to the owner in the covenants.

It has also noticed that landlords face many problems in proving the exact condition of the property at the time when it was given to the tenants for procession. Therefore, it is advisable to click the pictures of fittings, fixtures and furniture of the renting property so that in case of future troubles, you can prove your point. On the other hand, it also reminds the tenants to take care of property like their own house sp that they can save themselves from any legal trouble.

However, there are some points like ‘reasonable wear and tear’ and ‘irresistible force’ that are not covered under Section 108. In case of any type of natural misshapen (Acts of God) such as storm, flood or accidental fire, the tenant is not responsible for the same. However, if the tenant fails to return back the property in its original condition apart from above mentioned exemptions then landlord has rights to deduct amount from their security money. So, be wise in dealing with tenants and have a good experience of renting a property.

Source :www.gurgaonproperties.net






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