Indeed, with the requisition of the Lease and License Agreement framework, it is still troublesome for a proprietor to secure his property from unwanted outstaying occupants. Regardless of the possibility that agreements are enforceable in Courts, the genuine implementation takes years or decades to achieve. There are two ways of legal occupancy understandings in India, Lease Agreements which are secured by rent control laws and Lease and License Agreement which are most certainly not.
A Lease (or Rental) Agreement is secured by prohibitive rent control laws. The measure of lease that might be charged is dependent upon an equation conceived by the neighbourhood official, authoritative or legal bodies, as the case may be. For Delhi, the maximum yearly lease is 10% of the expense of development and the business cost of the area, yet the expense of development and the cost of area are both dependent upon authentic qualities and not the current business valuation.
So the more established your property, the littler the rent you can charge. Rents must be expanded by a small amount of the genuine expense the proprietor has brought about in enhancing the property. Before occupancy, the tenants generally pay a security amount of three months' rent. This is typically refundable at the end of the agreement, if no different liabilities have been left unsettled. The security amount is required to be returned within a month after the end of the occupancy, or as expressed in the agreement.
Legal considerations are all correct but what can be suggestible here is that prevention is always better that cure. It is the most common practice among tenants and landlords that to save a little amount of money, they do not follow certain steps that are legally necessary for both the parties. These things include properly-made rent agreement, police verification, security deposit, and other smaller issues.
The responsibilities fall on the both sides to make the relationship between tenants and the landlords smooth and amiable. Generally, disputes arise when any one of the both parties starts breaching the agreed and consented points or sometimes there are cases in which there is nothing pre-decided on the paper. It is both recommended and advisable that both landlord and the tenant should follow the set guidelines before inking the final deal.
Even after having followed all the necessary things, if you are finding yourself in a fix or at a loss in any way, be it the case of a tenant or a landlord, you are free to seek legal advice from a competent property lawyer. There are law firms in Delhi that specialize in all kinds of property disputes. Some law firms are providing legal help on telephone also, where they take notice of the basic problems and invite you for the advanced level of talks at their office.