Few basic precautions that a tenant needs to take while renting an apartment /flat.

Q: Recently, there are two types of agreements that are drawn in Mumbai viz., the rental and leave & license agreement. Of these the latter gives more control to the owner.

Suresh,

19th February 2015

Rentals in Mumbai

tenants

real estate in mumbai

rental and leave agreement

licence agreement

homebuyers

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Replies (4)

@Dhiraj,
Also clearly state and sign-on when the owner must step in to your support in case of a tenant-society dispute. Landlords do not want any trouble with either party, so in case they step in at the appropriate time, the situation remains under control and even dies down.

Santosh TR,

20th February 2015

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well Dhiraj,
On the other hand, the leave & license agreement is more flexible. It specify that a tenant can be asked to vacate without any reason by giving a month's prior notice or as per the agreed time and conditions in the deed duly signed by both the parties.

Santosh TR,

19th February 2015

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@Santosh,
In that situation, the owner can decide the rent he wants to charge. Your first step should be always talk to the landlord directly and avoid going through real estate agents. This will give you a better deal as the landlord can evaluate you and know that you will take good care of the house.

Dhiraj,

19th February 2015

You are right Dhiraj,
The basic power of a tenant actually depends on the rental agreement that is drawn. There are two types of agreements that are drawn in Mumbai viz., the rental and leave & license agreement. Of these the latter gives more control to the owner and hence extensively used by them.

Santosh TR,

19th February 2015

Comment

The former on the other hand comes under the purview of the Rent Act or the State Rent Control Act of Mumbai. Under this agreement a tenant cannot be asked to vacate the premises, except on the grounds for eviction stipulated by the stated rules in the act. Rental agreements drawn in this scheme come under the State Rent Control Act, so the owner cannot fix his own arbitrary rent either.

Dhiraj,

19th February 2015

Tenants are often pressurized by the owner or the housing society or both as they are neither the legal owners and by quality of this not a member of the society either. The problem is that tenants do not know their rights and are not aware of the nuances when drawing a lease agreement that can protect them.

Dhiraj,

19th February 2015

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