Nuisance from Landlord regarding essential services
7 months ago
I'm currently renting a 2bhk apartment in Bangalore since May 2021. We started with a monthly rental of 14k which became 16k on May 2022, and then again became 21K from January 2023 (not even a gap of 12 month).
Within this span of time there have been numerous issues related to maintenance have happened with no resolution.
1. Certain electric lights like in kitchen, washroom do not work when in power backup (loadshedding)
2. Voltage fluctuations have caused many electronics go faulty.
3. Water shortage on a regular basis.
Whenever complained to Owner, he suggests to adjust, or to vacate if it does not suit us.
How to take a legal step on this, since the owner is clearly forcing us to vacate?
A.HI Client,
You can first send a legal notice. If this persists you can report and file a case before the Rent Controller. Later a civil suit can be initiated.
You can first send a legal notice. If this persists you can report and file a case before the Rent Controller. Later a civil suit can be initiated.
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A.Dear Client,
The Karnataka Rent Control Act comprises several key provisions and regulations that govern the relationship between landlords and tenants. The Act regulates the maximum permissible rent that landlords can charge for residential properties based on factors such as the location, amenities, and size of the property. The Act outlines guidelines for collecting security deposits from tenants, including the maximum limit, conditions for refund, and interest on the deposit. Landlords are obligated to maintain the rented premises in a habitable condition and provide essential amenities such as water supply, electricity, and sanitation facilities. The Act specifies the grounds on which landlords can initiate eviction proceedings against tenants. It also lays down the process to be followed for eviction, including serving notice periods and seeking legal remedies if necessary. Apart from this, The Karnataka Rent Control Act establishes clear procedures for eviction, rent increase, and dispute resolution. The Act stipulates the permissible limit for rent increases and the frequency at which landlords can revise the rent. Landlords must provide proper notice to tenants before implementing any rent increase. In case of disputes between landlords and tenants, the Act facilitates resolution through the Rent Control Board. Both parties can approach the Board to seek redressal and a fair decision. The Act safeguards tenants’ rights by preventing arbitrary rent increases, ensuring habitable living conditions, and offering legal recourse in case of eviction without proper cause. It establishes a balance of power between landlords and tenants, promoting fair and ethical practices in the rental market. The Rent Control Board in Karnataka handles disputes and adjudicates cases related to the Karnataka Rent Act. Amongst others, complaints related to the maintenance of rented premises, such as lack of repairs or essential services, can be raised before the Rent Control Board for appropriate action. The Karnataka Rent Act 1999 and the Model Tenancy Act grant various rights to tenants, such as the right to fair treatment, privacy, and a safe living environment. Understanding and asserting these rights is crucial for a stress-free renting experience. So, in the exercise of the tenant's right as provided under the Act, you need to submit a complaint against the Landlord before the Rent Control Board for a fair resolution to your grievances. If the issue remains unresolved, you can seek legal assistance. Consult with a lawyer experienced in rental laws to understand your rights and the legal options available to you.
The Karnataka Rent Control Act comprises several key provisions and regulations that govern the relationship between landlords and tenants. The Act regulates the maximum permissible rent that landlords can charge for residential properties based on factors such as the location, amenities, and size of the property. The Act outlines guidelines for collecting security deposits from tenants, including the maximum limit, conditions for refund, and interest on the deposit. Landlords are obligated to maintain the rented premises in a habitable condition and provide essential amenities such as water supply, electricity, and sanitation facilities. The Act specifies the grounds on which landlords can initiate eviction proceedings against tenants. It also lays down the process to be followed for eviction, including serving notice periods and seeking legal remedies if necessary. Apart from this, The Karnataka Rent Control Act establishes clear procedures for eviction, rent increase, and dispute resolution. The Act stipulates the permissible limit for rent increases and the frequency at which landlords can revise the rent. Landlords must provide proper notice to tenants before implementing any rent increase. In case of disputes between landlords and tenants, the Act facilitates resolution through the Rent Control Board. Both parties can approach the Board to seek redressal and a fair decision. The Act safeguards tenants’ rights by preventing arbitrary rent increases, ensuring habitable living conditions, and offering legal recourse in case of eviction without proper cause. It establishes a balance of power between landlords and tenants, promoting fair and ethical practices in the rental market. The Rent Control Board in Karnataka handles disputes and adjudicates cases related to the Karnataka Rent Act. Amongst others, complaints related to the maintenance of rented premises, such as lack of repairs or essential services, can be raised before the Rent Control Board for appropriate action. The Karnataka Rent Act 1999 and the Model Tenancy Act grant various rights to tenants, such as the right to fair treatment, privacy, and a safe living environment. Understanding and asserting these rights is crucial for a stress-free renting experience. So, in the exercise of the tenant's right as provided under the Act, you need to submit a complaint against the Landlord before the Rent Control Board for a fair resolution to your grievances. If the issue remains unresolved, you can seek legal assistance. Consult with a lawyer experienced in rental laws to understand your rights and the legal options available to you.
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A.Dear Client,
Regarding the matter of rent increase, it's important to clarify that under the terms of your contract, the owner typically cannot increase your rent without your consent unless there are specific clauses in the lease agreement allowing for such increases. However, in your case, it appears that you have not objected to the proposed rent increase. if you do not raise objections within a certain period, the increase may be considered legal and binding. Therefore, it is crucial to review your lease agreement to understand the specific terms and conditions regarding rent adjustments and any notice periods required for objections.
Regarding the issue with basic essentials, you have rights protected by the Transfer of Property Act that entitle you to a habitable living environment. If the owner has not provided essential amenities or has neglected necessary maintenance, you have the right to request that these issues be rectified. You can communicate your concerns to the owner in writing, citing the provisions of the Transfer of Property Act that support your claims. If the owner does not respond or take corrective action, you may consider filing a formal complaint with the appropriate housing authority
Lastly, it's essential to be aware that the owner cannot legally force you to vacate the property solely based on the initiation of a legal suit. The eviction process is governed by specific laws and regulations, and the owner must follow the proper legal procedures to request your eviction, which typically includes obtaining a court order.
Regarding the matter of rent increase, it's important to clarify that under the terms of your contract, the owner typically cannot increase your rent without your consent unless there are specific clauses in the lease agreement allowing for such increases. However, in your case, it appears that you have not objected to the proposed rent increase. if you do not raise objections within a certain period, the increase may be considered legal and binding. Therefore, it is crucial to review your lease agreement to understand the specific terms and conditions regarding rent adjustments and any notice periods required for objections.
Regarding the issue with basic essentials, you have rights protected by the Transfer of Property Act that entitle you to a habitable living environment. If the owner has not provided essential amenities or has neglected necessary maintenance, you have the right to request that these issues be rectified. You can communicate your concerns to the owner in writing, citing the provisions of the Transfer of Property Act that support your claims. If the owner does not respond or take corrective action, you may consider filing a formal complaint with the appropriate housing authority
Lastly, it's essential to be aware that the owner cannot legally force you to vacate the property solely based on the initiation of a legal suit. The eviction process is governed by specific laws and regulations, and the owner must follow the proper legal procedures to request your eviction, which typically includes obtaining a court order.
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A.Dear Sir,
If you are strong you need not vacate the same and go to the court and get injunction order restraining him from vacating you forcibly. he has get issue legal notice then file a suit for eviction you just stop paying rent after filing of suit.
If you are strong you need not vacate the same and go to the court and get injunction order restraining him from vacating you forcibly. he has get issue legal notice then file a suit for eviction you just stop paying rent after filing of suit.
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