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INDIAN LANDLORDS FACE DIFFICULTY WITH ROGUE TENANTS

Landlords in America are used to having the legal right to evict tenants who stay past the expiration date of their lease or who don’t pay their rent as agreed. If you invest in rental property in a foreign country such as India, you need to be aware that it can be more difficult to evict rogue tenants, or tenants that don’t comply with lease terms there.

Comparison of Process 
Suppose you rented a house to a tenant for a period of one year. At the end of the year, you haven’t received any notice from the tenant regarding his or her plans. When you contact the tenant, he or she states an intention to live there rent-free.

In America, this situation is comparatively rare. If it does happen, you’d have your lawyer serve the proper notice that you intend to evict the tenant, go to court and get a court order to have the tenant removed.

In India, landlords may find the process isn’t as simple. Here, the court process is more protracted and requires the landlord to prove to a judge’s satisfaction that the tenant does not have the right to stay in the unit.

Best Practices for Foreign Rentals 

If you want to invest in foreign real estate, you should. It’s important to be aware of laws and customs in the country, however, so you can avoid problems. Follow these best practices when investing in foreign real estate.

  • Hire an attorney who is familiar with real estate and rental laws both here and abroad.
  • Conduct thorough background checks of potential tenants. in some countries, you may also need to get approval from local police.
  • Have a written lease. Ask your lawyer to help you register it with any local housing authorities.
  • Learn the process for evictions before you ever have to use it.

Your attorney can help you get set up to rent property in India or other foreign countries.



ARKANSAS CONSUMER ALERT DEMONSTRATES IMPORTANCE OF UNDERSTANDING RENTAL RIGHTS

The Arkansas Attorney General recently issued a consumer alert to help renters understand their rights. The alert is in response to the fact that renters often contact the Attorney General’s office to ask about their rights.

Some of the alert’s highlights include:

  • The importance of signing a written agreement. Written leases are not mandatory under Arkansas law, but they are required to prove agreement terms in court.
  • Rules about security deposits. In Arkansas, your security deposit cannot be more than twice your monthly rental amount and you must get it back within 60 days of your move unless you caused damage to your rental unit.
  • Maintenance clauses. Apartments in Arkansas are rented “as-is,” which means that landlords are not responsible for maintenance unless the written lease contains an extra clause stating they are.
  • Landlords must provide notice 30 days in advance of raising the rent.
  • Landlords may evict tenants for failure to comply with any terms of the lease. Eviction requires a court hearing.

Laws May Differ By State 

Many of the Arkansas laws may be similar to laws in other states. Most states have laws governing security deposits, maintenance and evictions. However, the specifics of these laws differ from state to state. If you rent property in any state, it’s important to learn what your rights and responsibilities are in that state. You can consult the local tenant association or an attorney who specializes in landlord tenant law in that state.

If You Have a Dispute 

If you have a dispute with a landlord, contact a professional who is familiar with tenant laws in your state to find out what to do. In general, you have the right to talk to your landlord about problems, demand required maintenance and withhold rent if the landlord doesn’t repair safety hazards. Laws differ, however, and in some cases you may need to go to court to resolve an issue.

Contact us if you need an attorney who specializes in landlord-tenant laws.


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