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What questions can you ask your landlord before moving in or renting an apartment in India?

All the listed below questions may not be applicable to you. Hence be selective on your questions.Try to gather true information from multiple sources instead of depending only on landlord. Other sources from neighbor, previous tenant, society maintenance staff, security, vendors (society electrician, plumber), etc..Here are few useful questions to ask,Ownership proof? Make-sure you are dealing with landlord, broker or property management firmIs the landlord lives in the same building?What is the rent per month?What is agreement duration? 12 month? 6 month? 1 month?How much is security deposit? Is security deposit refundable? Is security deposit paid on installment basis instead single shot?Is there lock-in period in this lease contract? What if we break contract early?What are my document require to complete screening procedureWill you provide PAN or aadhar number? (This is mainly applicable for Indian tenant to claim HRA and tax benefit)How is the water availability? Is there water scarcity?What is the frequency of power cut (electricity connectivity)?Power back-up available?Security and cctv camera available?Parking available for 4 wheeler and 2 wheeler?Transportation connectivity to office, hospital, school, market, bus stop, railway station, airport, bank and ATM?When is the possession available to occupy?Rent paid in month advance or month completion?Do i get rent discount if i sign long lease?Do i get rent discount if i pay quarterly or annual rent in advance? instead monthlyIf possession taken between month, is rent payable on pro-rated basis or complete month rent or rent free periodWhat is the maintenance cost? Is the maintenance cost paid monthly, quarterly or annual?In case of fluctuation in maintenance cost during tenant, who is liable to pay fluctuated cost?Which utility am i responsible to pay? such as electricity, water, parking, gas, common area utility etc..What are the furniture includes in lease? Is the details of furniture listed in lease agreement?What is year on year rental appreciation? what is the renewal policy?What is the mode of transaction for rent and security deposit payment? by online transfer, cheque or cash (Don’t accept cash transaction)Property be painted and cleaned before we take possession?Will i get receipt for rent payment?Guest are allowedWeekend party or family functions allowed to conduct?Who should execute lease agreement? landlord or tenant?Allowed to sub-lease property? especially parking space or additional room in basement which i will not be using?During tenancy, who is responsible for repair of furniture, fitting and appliances?At the time of vacating property, is tenant liable to pay renovation cost of painting & cleaning? and How much?Who is liable to pay taxes, cesses, assessment charges to Govt. Body / authority pertain to rental property?What is the notice period to vacate property? (usually anywhere between 1 - 3 months for residential and unto 6 month for commercial)Pets allowed? What is pet policy?What are the amenities includes? Gym, swimming pool, club house, children play area, Jogging track, super market? indoor games, out door games, library, visitors parking, etc…Is there penalty for late payment of bills and rent?What are the apartment or gated society rules and regulations?When are the utility bills to be paid?Is there periodic or proactive maintenance available?What is the typical turn-around time to attend maintenance issues?Does maintenance team function 24X7?Am I allowed to decorate interior? Hang pictures, frames, couple of needle hole, wall mount for television, air conditionerHas this place has pest issue? What are the pest control measures taken?Is there periodic inspection during tenancy, what will be your advance notice?What is the crime, accident and theft rate at this locality?Is the apartment noisy, is there highway road nearby and any other noise from sports club, children play area, factory, etc..Do all the fittings of water flow, faucet, curtain rods, windows, door stopper, cardboard hinges, toilet-seat, water heater, shower, soap stand, towel hanger are in good conditionDo you change lock between each tenant?Do you accept payments from individual roommate or one single consolidated pay? (This is applicable for only join tenancy)Is there Move-in and move-out charge?Is wi-fi available?Describe your ideal tenant?Will add more…Once you finalized the property, execute rental agreement on non-judicial stamp paper. Don’t depend on verbal agreement and promises.We share standard agreement template for Bangalore/ Karnataka location. Please write to us [email protected] to avail draft at no cost.We provide customized rental agreement service in Bangalore. Our service includes agreement execution + lawyer notary + home delivered. To opt for our service, please write to us [email protected] or whats-app +91–9742479020.Thank you for reading…

What questions should I ask landlords when viewing properties?

Here are few useful questions to ask.Ownership proof? Make-sure you are dealing with landlord, broker or property management firmIs the landlord lives in the same building?What is the rent per month?What is agreement duration? 12 month? 6 month? 1 month?How much is security deposit? Is security deposit refundable? Is security deposit paid on installment basis instead single shot?Is there lock-in period in this lease contract? What if we break contract early?What are my document require to complete screening procedureWill you provide PAN or aadhar number? (This is mainly applicable for Indian tenant to claim HRA and tax benefit)How is water availability? Is there water scarcity?What is the frequency of power cut (electricity connectivity)?Power back-up available?Security and cctv camera available?Parking available for 4 wheeler and 2 wheeler?Transportation connectivity to office, hospital, school, market, bus stop, railway station, airport, bank and ATM?When is the possession available to occupy?Rent payable in month advance or month completion?Do I get rent discount if I sign long lease?Do I get rent discount if I pay quarterly or annual rent in advance? instead monthlyIf possession taken between month, is rent payable on pro-rated basis or complete month rent or rent-free periodWhat is the maintenance cost? Is the maintenance cost paid monthly, quarterly or annual?In case of fluctuation in maintenance cost during tenant, who is liable to pay fluctuated cost?Which utility am I responsible to pay? such as electricity, water, parking, gas, common area utility, etc..What are the furniture includes in lease? Are the details of furniture listed in lease agreement?What is year on year rental appreciation? what is the renewal policy?What is the mode of transaction for rent and security deposit payment? by online transfer, cheque or cash (Don’t accept cash transaction)Property be painted and cleaned before we take possession?Will i get receipt for rent payment?Guest are allowedWeekend party or family functions allowed to conduct?Who should execute lease agreement? landlord or tenant?Allowed to sub-lease property? especially parking space or additional room in basement which I will not be using?During tenancy, who is responsible for repair of furniture, fittings and appliances?At the time of vacating property, is tenant liable to pay renovation cost of painting & cleaning? and How much?Who is liable to pay taxes, cesses, assessment charges to Govt. body/authority pertains to rental property?What is the notice period to vacate property? (usually anywhere between 1 - 3 months for residential and unto 6 month for commercial)Pets allowed? What is pet policy?What are the amenities includes? Gym, swimming pool, clubhouse, children play area, Jogging track, supermarket? indoor games, outdoor games, library, visitors parking, etc…Is there penalty for late payment of bills and rent?What are the apartment or gated society rules and regulations?When are the utility bills to be paid?Is there periodic or proactive maintenance available?What is the typical turn-around time to attend maintenance issues?Does maintenance team function 24X7?Am I allowed to decorate interior? Hang pictures, frames, couple of needle hole, wall mount for television, air conditionerHas this place has pest issue? What are the pest control measures taken?Is there periodic inspection during tenancy, what will be your advance notice?What is the crime, accident and theft rate at this locality?Is the apartment noisy, is there highway road nearby and any other noise from sports club, children play area, factory, etc..Do all the fittings of water flow, faucet, curtain rods, windows, door stopper, cardboard hinges, toilet-seat, water heater, shower, soap stand, towel hanger are in good conditionDo you change lock between each tenant?Do you accept payments from individual roommate or one single consolidated pay? (This is applicable for only join tenancy)Is there Move-in and move-out charge?Is wi-fi available?Describe your ideal tenant?Once you finalized the property, execute rental agreement. Don’t depend on verbal agreement and promises.We share standard agreement template for Bangalore/ Karnataka location. Please write to us [email protected] to avail draft at no cost.We provide customized rental agreement service in Bangalore. Our service includes agreement execution + lawyer notary + home delivered. To opt for our service, please write to us [email protected] or whats-app +91–9742479020.Thank you for reading…

Can a landlord in the UK evict a tenant for having a baby?

This matter is dependent of the Following details-Section 21 TemplateThe legal procedures to terminate a lease tenancy, and for the eviction of a Tenant, are provided in the lease and by law. Where inconsistent, the statutory requirements govern.From time to time we hear from our Landlord clients their “understanding” of a reason why a Tenant cannot be evicted. We have also heard questions from our Landlord clients suggesting their belief that the requirements for eviction are more than what are required by law. Similarly, and more often, we hear from Tenants in response to a summons various reasons why in their opinion the Tenant cannot be evicted. In general, these “reasons” are myths. These myths include, but not by exclusion:Related for :Section 21 TemplateA Requirement of Ninety (90) Days Notice. There are various different requirements for termination of a tenancy, depending upon the nature of the rental premises and the lease. At this time there is not a general ninety (90) day or three (3) month requirement.Thirty (30) Days Notice After Entry of a Judgment. The judgment is effective immediately, enforcement on the manner allowed by law may proceed immediately and no further notice or delay is required for its enforcement unless the Tenant files an appeal and posts an appropriate bond.Thirty (30) Days Notice After Default in Rent. Generally, after default in rent, although the Landlord is required to make demand for immediate payment, no further notice is required. The terms of the lease, however, may include additional notice provisions.A Tenant who is Pregnant Cannot be Evicted. A tenant who is pregnant is not protected from eviction due to that circumstance if the tenant has failed to pay rent or otherwise failed to satisfy the remaining terms and conditions of the lease. Although a Tenant cannot be discriminated against because of the pregnancy, that pregnancy is not a shield to protect her when she has defaulted upon the lawful terms of the lease.A Tenant with Small Children Cannot be Evicted. Similar to the pregnancy issue, the question before the court is only whether the Tenant has defaulted upon the terms of the lease.Unfortunately, Landlords who do assume these myths are true will delay a proceeding to evict a Tenant who is in default, increase the amount of rent due, and increase the probability that the rent due will not be collected.In addition, there are myths concerning the eviction proceedings, once initiated. Many Tenants, and some Landlords, erroneously believe that the court proceedings will take several months. In Jefferson County,Missouri, the judicial proceedings usually are completed within four to six (4-6) weeks of the date of filing, and the Sheriff’s enforcement of the judgment for possession is usually completed within five to eight (5-8) weeks of the date of filing. Courts in surrounding counties in which we practice are often similar.Delays in the judicial proceedings can arise due to various circumstances. These delays include, although not intended to be an exhaustive list, the following:The attorney holds the paperwork received from the Landlord client to process several cases at once. At the Thurman Law Firm, recognizing the importance of pursuing these matters expeditiously, we prepare the required pleadings and file them as soon as possible after receiving the information from the client. We do not hold them until a large group is collected and can be filed.The Landlord does not provide an accurate address for service of process on the Tenant. If this occurs, this may delay the proceedings if an alias summons is required for service, and will certainly increase the expense of the proceedings.The Landlord provides an inaccurate statement of the amount due. When this occurs, Tenants are more likely to contest the claim, delaying the case for a trial. If not identified until trial, it may also delay the decision of the trial judge.A judge’s vacation or conference schedule coincidentally falls when the case would otherwise be set for hearing. This is unfortunate, but does occur from time to time. Usually, however, this will only delay a case one to two (1-2) weeks. If it appears that it will cause a greater delay, at the Thurman Law Firm we will make reasonable efforts to have the case reassigned to another division.The Tenant files a petition in bankruptcy before or during the eviction proceedings. Under the United States Bankruptcy Code, the filing of the petition in bankruptcy stays (prohibits) further prosecution of the eviction proceeding until relief (consent) from the Bankruptcy Court is received. At the Thurman Law Firm, we will counsel our Landlord clients with respect to their respective rights when the Tenant files for bankruptcy. We have on behalf of many landlords filed a motion in the Bankruptcy Court for relief, requesting approval to proceed with the eviction of the Tenant, and when granted that relief finished the prosecution of the eviction proceeding.Landlord is not available for trial on the trial date. Generally, a witness is needed to provide evidence in support of the Landlord’s claim. A manager often serves this purpose. If the Landlord is the only person involved, however, his or her unavailability may result in a delay of the case. The Landlord cannot provide the labor needed to remove the Tenant’s personal property from the premises on a day available to the Sheriff. Following the judgment in favor of the Landlord and the entry of an order of the Court, the Sheriff will remove a Tenant and others present, will keep the peace, but the Sheriff will not provide the labor required to take possession of the premises. Instead the Landlord must provide that labor to remove the Tenant’s personal property from the rental premises (including a mobile home if applicable) and to secure possession of the premises, including changing the locks.Due to our experience at the Thurman Law Firm with respect to handling Landlord/Tenant matters, we recognize in advance the potential for delay in a proceeding and will counsel our client concerning that potential and the options available to reduce or eliminate that delay.Section 21 TemplateIntroductionIn the last few years, landlords in England have seen a number of changes relating to service of Section 21s. To help keep landlords up to date with all these changes this guide provides answers to the most frequently asked questions around serving a Section 21 notice after the Deregulation Act.Which tenancies will be affected?NAny Section 21 served in England at this point has to use the new standardised Section 21 form. Any tenancy that began or was renewed after October 1st2015 must also abide by all the requirements for valid service.Where is the new Section 21 form?Please note that this is the second version provided by the government and if members have downloaded other copies from elsewhere they need to make certain that their version looks like this. Any other version will be invalid.I have an older tenancy, can I still use the old form?No, as of October 1st2018 any section 21 notice relied on in court must be the prescribed section 21 form. As the notice period for section 21 is 2 months in length, any notice served on or after July 30th2018 has to be in the prescribed form.What notice period will I need to give?Unlike the old Section 21(4)a notices, there is no need for landlords to end their notice at the end of a period of a tenancy. As a result, a two month notice period will be all that is needed in most circumstances. Where a contractual tenancy period runs six monthly or yearly, landlords will still need to give an appropriate matching period of notice (e.g. 3 months' notice for quarterly tenancy periods, 6 months' notice for biannual and above).As always, a Section 21 notice period cannot end during a fixed term.How long will a Section 21 last?Section 21s will now last 6 months from the date of service in most circumstances. For contractual periodic tenancies requiring more than two months' notice, possession proceedings will need to be started within 4 months of expiry of the notice.It is a case of use it or lose it so if you let the notice run out without starting Court proceedings it is no longer effective and you would have to re-serve the notice if you did subsequently want to take Court action.When can I serve my Section 21?A Section 21 cannot be served in the first 4 months of the original tenancy but it may be served at the outset of a replacement tenancy. In practice however, the six month lifespan means landlords should get into the habit of serving the Section 21 form as and when it is needed rather than habitually.If, however, the tenant has actually moved out on or before the last day of the fixed term itself (as opposed to the expiry date of the Section 21 notice) then the tenancy ends automatically at the end of the fixed term so no further rent would be payable beyond this date.How will I serve a Section 21 notice to expire on the last day of a 6 month tenancy if I cannot serve in the first 4 months?You cannot. Notice periods now expire a few days after the end of a 6 month fixed term. If a tenant moves out on the final day of the notice period the Deregulation Act makes it clear that landlords should repay the remainder of the rent for the month to the tenant. Therefore, the tenant is only liable for rent for the few days he/she remains in occupation beyond the last day of the fixed term of the tenancy.What do I need to serve a valid Section 21 notice?For tenancies after October 1st 2015 a valid Section 21 can only be given when the tenant has been provided with a copy of a valid EPC and Gas Safety Certificate prior to the start of tenancy. In addition the most recent version of How to rent: The checklist for renting in England should be served at the start of the tenancy. If the How to rent booklet is updated after this point and you renew your tenancy or it becomes a periodic tenancy, then you should provide the latest copy at the point the new tenancy starts. Additionally, if an updated gas safety certificate is obtained during the course of the tenancy a copy of this must be given to the tenant. If you have failed to meet these requirements you should contact the Landlord Advice Team straight away for advice.If you have not renewed or started the tenancy since October 1st2015 the your section 21 notice does not require compliance with the above paragraph.For new and old Section 21 notices the deposit needs to be protected correctly and the prescribed information given to all relevant parties if a deposit was taken. If the property is an HMO that requires a licence then you must have a license or have an application for one ongoing. Likewise, if the property is within a selective licensing area then you must have that licence or have applied for it.Finally, the landlord will also not be able to serve a valid Section 21 notice if they are caught by the new legislation on retaliatory eviction.What is retaliatory eviction?Retaliatory eviction is where a tenant informs the landlord of a repair that needs to be performed and the landlord serves an eviction notice in response.How does this affect Section 21s?Landlords will not be able to serve a valid Section 21 if;the tenant has made a written complaint to the landlord about the condition of the property prior to its being served; andthe landlord has not provided an adequate written response within 14 days (this does not mean the work actually has to be done within this period); andthe tenant has then complained about the same matters to the relevant local authority who have decided to serve an Improvement Notice in respect of the property or have carried out emergency remedial action themselves using their powers under the HHSRS.What is an adequate response from the landlord?An adequate response is a response which defines the actions the landlord is proposing to take to deal with the complaint and sets out a reasonable timescale for doing so. This does not mean the work actually has to be done within this 14 day period.I have already had an Improvement Notice from my council. Can I serve a Section 21 notice?No, you cannot serve a Section 21 notice for six months after an Improvement Notice.I served a Section 21 before the tenant reported the issue. Will my Section 21 be valid?Yes, the repair needs to be reported before the Section 21 is served for it to be a retaliatory eviction.The tenant reported the repair before I served the Section 21 but no Improvement Notice has been issued yet. Is it still valid?Potentially. If an Improvement Notice is issued before the possession order is granted then the Section 21 will become invalid. Landlords will have to make a judgement call in these circumstances as a judge could potentially use general case management powers to adjourn possession decisions.What if the tenant caused the damage?There is an exception if the Improvement Notice is issued based on a defect or issue caused by the tenant.Are there any other exceptions?Yes, if a landlord is genuinely trying to sell the property then the retaliatory eviction legislation does not apply. It does not prevent a claim for possession being made on the grounds of rent arrears including mandatory possession proceedings under Ground 8 for two months rent arrears; nor a claim for possession on grounds of breach of tenancy etc.Will the Tenant Fees Bill introduce more restrictions on serving a Section 21 notice?Yes, landlords who take 'prohibited payments' under the Tenant Fees Bill from June 1st2019 will be barred from serving a section 21 notice until after the payment has been returned to the tenant. At the time of writing this legislation has not been given royal assent but is expected to pass into law soon.Where can I find How to rent: The checklist for renting in England?The RLA has set up a page to archive all copies of this booklet to assist landlords. It will always have the most up to date version available as well as the date on which it came into force.How do I serve How to rent: The checklist for renting in England?Landlords should provide the most recent copy of How to rent: The checklist for renting in England before the start of the original tenancy. There is no need to provide updated versions whenever the government updates this booklet. However, if an update has taken place and a replacement tenancy is granted then landlords will need to provide an updated version. There is a provision for this prescribed information to be provided electronically so long as the landlord has the email address and consent of the tenant. Letting agents and landlords should make amendments to their tenancy application forms to get the tenants prior consent.The RLA's tenancy application form obtains permission for the service of this document electronically so it is ideal if you wish to serve this or the EPC electronically.What about service of gas safety and energy performance certificates?The new regulations make specific provision for the service of the prescribed information electronically. They do not make specific provision for service of the gas safety certificate. The safest option for landlords will be to provide copies to every tenant at the outset of the tenancy in paper format to minimise problems if a Section 21 is needed later on.How am I meant to show I have complied with all of this?Good record keeping is essential. Landlords would be wise to have a tenancy checklist that the tenants can sign at the outset of the tenancy to confirm receipt of all of the relevant documents. The RLA has already drafted one for use by our members.It may also be advisable to provide repair request templates to the tenant so landlords can show the timeline where repairs were reported if challenged on this later in relation to retaliatory evictions.Learn More: Section 21 Template

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