Generally, dispute between landlord and tenant occurs when one party fails to comply with duties that it owes to other or violate any provisions listed in the rent agreement or lease.

Most times, the parties are able to resolve the matter among themselves thereby eliminating the need to seek expensive legal help. However, both the parties hold the right to make a complaint under Indian Rental laws.

Let's check a few of the common disputes between landlord and tenant and probable resolutions over the same.

• Non-Payment of Rent
• Order of Eviction
• Violation of Lease
• Health and Safety Issues

Non Payment of Rent

A landlord holds every right to receive rent on time and expects that a tenant will not create any nuisance over the rent issue. Indeed, most of eviction actions are usually based on non payment of rent and other lease charges.

In case, the tenant fails to make a payment on time, the landlord can issue legal notice to the tenant regarding the same and also terminate the tenancy by way of notice, which should be of at least 15 days expiring at the end of the tenancy month.

However, the landlord cannot just lock the tenant out, even if he/she is behind on the rent because it is essential to get a court judgment first.

Resolving the Dispute

Though being unable to pay the rent can be an embarrassing situation, but never try to work out the ways to avoid the landlord until you have money. This is an immature act and can make the things worst.

Be responsible enough to approach your landlord and explain the situation. When asking for an extension, be polite as well as reasonable in your request.

Don't expect landlords to accept late payments with no qualms. They have payments to make too. If you cannot make full payment, try to pay a portion of it. It generally satisfies the landlord up to an extent.

Order of Eviction

As for the definition of eviction, it is a court action that a landlord can use to force a tenant to move out of the rented premises involuntarily and generally permanently. This is a legal procedure which is governed by law. The process as to how termination process and eviction papers will be delivered and what they will contain vary from state to state. But, both the landlord and tenant require complying with the state rules and regulations.

The grounds on which the law facilitates eviction are as follows:

• When the tenant has allowed some other person to occupy the rented premises without getting the landlord's written permission.
• When the tenant fails to pay the rent on the date as agreed in the rental agreement.
• When the tenant creates such a situation that his continuance becomes objectionable either to other tenants or individuals residing near by as in neighborhood.
• When the landlord needs the premises either for residential purpose or non residential activity of any family member. During such cases, the landlord needs to confirm that the suffering that will be caused to him by not getting the premises back will outweigh the sufferings caused to the tenant by throwing the tenant out of the premises.
• When the landlord actually needs the premises for the purpose of immediately demolishing it and putting up a new premise in its place.
• If the tenant has done any act, which has materially caused damages to the building or its value or utility.

If you, as a landlord, can fit your necessities for eviction into one of the above mentioned categories, you are entitled to file an appeal for eviction before the law.

Here are some tips for a tenant to resolve legal dispute without immediately going to court:

• Eviction is something that affects the tenant maximum. Apart from taking every precaution not to do anything against landlord's permission, the tenant must know his/her rights under federal, state and local law.
• Ensure the terms and conditions listed in the rental agreement are clear and that you understand each of them.
• Keeping communication open with the landlord gives you an advantage. If there exists some problem, talk with landlord to see if the issue can be resolved.
• If your initiative does not yield any fruit and you want to continue renting from the same landlord, suggest mediation by a third party.
• If you feel that your attempt to mediate can go futile, clear your intent to move out of the premise, or follow other legal help.

Eviction can be expensive and bothersome for both the tenant and the landlord. When you have the ways to avoid such a situation, why to seek lawsuits and litigation?

Tips for the landlords to avoid the situation like eviction:

• As a landlord, you hold legal right to evict your tenant if the later has failed to comply with any of the rules and regulations mentioned in the rental agreement.
  However, the situation of eviction can rob you of loads of money too. Therefore, try to work out the ways to resolve the matter with your tenant verbally.
• You will certainly not like to lose a good tenant. If possible, extend the due date thereby allowing the tenant some grace period to manage the things especially if issue is over non payment of the rent.

Violation of Lease

The lease or rent agreement is a legal contract between the landlord and the tenant. Being a tenant, you can move out of the lease only if the lease itself allows you to do so.

Violation of the conditions of a lease by a tenant is another issue that gives right to the landlord to re-enter the premises and take possession. The landlord can also assess a monetary penalty against the tenant for having violated any of the provisions listed in the lease.

However, the landlord must provide the tenant with a written notice, referring to the lease clause being violated followed by letting the person a considerable amount of grace period to resolve the issue, if possible.

What a tenant should do:

• During such circumstances, the tenant should consider either correcting the violation, or settling the things with the landlord about any possibilities of being released from the lease.
• As opposed to this, if the issue is serious, the tenant should seek the legal help as soon as possible. A lawyer may be able to help you work out a deal out of the court.
• If the tenant remedies the situation within that time, the landlord cannot continue the eviction process.

Likewise, if tenant believes that the landlord is not complying with the terms and conditions of the agreement, then the tenant also have several options to go by.

Landlords can break the lease in different ways:

• To not to offer the tenant what they have agreed to in the agreement or lease,
• To do something forbidden in the lease,
• To fail to maintain a livable premise, and
• To hold back the security deposit without any realistic reasons.

The tenant may notify the landlord of the problem and seek agreement to correct it. In case, the landlord agrees to the modifications thereby resolving the problem, the lease is cured.

Contrary to this, if landlord denies making the corrections, or fails to do it within the given period, the tenant can reiterate the problem within a reasonable time and seek a legal action.

In deciding to opting for the legal help, the tenant should consider the seriousness of the matter whether it is worth to commit the time, effort, and money to the action.

Health and Safety Issues

As a tenant, if you damage the rented premise, or create a health hazard, then you should not be surprised if your landlord seeks to evict you.

If you are being evicted on an expedited basis because of property damage, you can try to resolve the matter by repairing the damages thereby ensuring proper maintenance of the premise. Every tenant is required to comply with local health standards.

In addition, the tenant should avoid disturbing others in neighborhood and bring regular upkeep and major repair situations to the landlord's attention.