10 Steps for Vacating Inspection of NRI’s Tenant

Last month, I visited my paternal house in Mumbai. I had lent it on lease two years ago. It has been two years but now, I want it to be vacated. The lease agreement is going to be matured at the end of this year. How can I do so under law? What proceedings should I carry on? Should I go for inspection of my house before they leave or is it essential to wait for their departure? I need help for tenant management.    

You belong to the group of non-residents of India (NRI). Most of the NRIs undergo the same agony if they hired tenants in attempt of earning rental income. If you have already inked rental agreement in association with the tenant, you will win half of your battle. You ought to mention the date of maturity of the lease agreement at the time of its preparation which you would have mentioned in for sure. This will be a crucial paper which can play key role during litigation when your tenant will deny vacating your house after the maturity of the lease.

The Model Tenancy Act, 2015 is tabled this year which states apparently what the rules and regulations are for landlords and tenants separately in accordance with the law. What it states, check out below:

For landlords:

1. Rent will be decided by the state government.
2. It would be linked to inflation.
3. Tenancy will be terminated immediately at the death of the tenant.
4. If the tenant fails to pay the rent or misuse the property when a notice is sent to him for vacating the house, the tenancy can be terminated. It would be termed as the violation of NRI’s property services, which you offered (in NRIs’ case).    

For tenants:

1. Rent to be fixed and the agreement will interpret the quantum of the increment in the rent at the end of the tenancy period.
2. Landlord can’t evict or throw him out of the property arbitrarily before the maturity of the rental or lease agreement.
3. Tenant has the right to claim for reduction in the amount of rent if mentioned services are not availing by the landlord.
4. Rental deposit will not be more than the three times of the monthly rent.

Since you are an NRI landlord and waiting for the maturity of the agreement, it will favour you. You will have the right to evict him after maturity if you don’t want to extend the agreement of lease. But before that, you ought to go through these steps:

1. Ask your tenant to clear his outstanding bills, if any.
2. Inform him for pre-departure inspection of the house as you should review the condition of your house if it is caused any damage/defects or not.
3. Serve him the written notice that you don’t want to extend the lease.
4. You should do vacating inspection in the very presence of your tenant so that he will not be able to allege you with false blames.
5. The inspection should be done two weeks before his departure.
6. Let him inform via a notice 48 hours prior to the maturity about the inspection.
7. Note down all the defects and damage, if any.
8. You can deduct the security deposit equal to the damage to the property.
9. Return the rest of the deposits for escaping statutory damage claim by the tenant later.
10. No claim against damage will be paid after inspection if so is not noted then.