Lease Agreement:

The lease agreement shall consist of the following:
Names and addresses of the landlord and tenant.
Description of the property.
Purpose of letting the property, whether for residential or commercial use.
Term of the lease whether it is month to month, half yearly, yearly or more than a year.
Amount of rent and other charges and date of payment of rent.
Security deposit.
Maintenance of the property by both the landlord and tenant.
Prior notice of termination by the tenant and the landlord.

The tenant must keep the rental property clean and in good condition. In the agreement the lessor will include the clause that the tenant must return the property in clean and livable condition. If the property is returned unclean or any damage is done to the property by the tenant, the lessor may deduct an amount from the security deposit to rectify the damages of the property.

If any defect or any problem happens, the tenant should inform the landlord as to the defect by way of notice, and the landlord is bound to make the repair to rectify the problem. If the defect has been caused by the negligence of the tenant, the landlord shall deduct an amount from the security deposit to rectify the defects caused to the property.

Constructive Eviction:

The landlord has a responsibility to maintain the property to the tenant in an inhabitable condition which means providing the basic facilities to live a decent living like sanitary condition. If you are the tenant and if the property is unsuitable to live in, you can give a notice to the landlord to rectify the defects. If the landlord does not rectify the defects, you can leave the premises and you need not pay the rent due to the landlord.

Eviction of the Tenant by a LandLord:

The landlord can evict the tenant on the following basis:

• Failure of the rant payment by the tenant
• Commits waste to rental property i.e Keeping the property unclean or causing damage to the property due to the negligence of the tenant
• Possession of pets violating the lease agreement
• Keeping in occupation of any person not mentioned in the lease agreement
• Material disturbances of other tenants

Procedure for Eviction:

If you are the landlord you can give a notice to the tenant stating the facts and give the tenant sufficient amount of time to rectify the default. If the tenant does not rectify the default, you shall file a case for eviction of the tenant.

Consult an experienced attorney in your place where the attorney will file a case for eviction of the tenant.

Termination of the Lease by the Tenant:

If you are the tenant you can terminate the lease on the following situations:

• Due to the legal misconduct of the landlord
• Replacing a new tenant
• Mutual agreement between the landlord and tenant

LandLord and Tenant Problems