|
Search Forums |
Advanced Search |
Go to Page... |
Search this Thread | 13,823 views |
13th March 2017, 20:41 | #46 | ||
Senior - BHPian Join Date: Feb 2017 Location: Cynical City
Posts: 1,217
Thanked: 6,436 Times
| Re: Team-BHPian takes on extortionate Bangalore landlords with a PIL Quote:
On a serious note, this has turned out to be quite an eye opening thread. Both sides are pleading their case with equal vehemence and sufficient justification. Whatever the result of the PIL might be, team-bhp has, as always, provided a balanced analysis of the matter at hand. Will keep watching this space for more updates. Quote:
Last edited by dailydriver : 13th March 2017 at 20:43. | ||
() Thanks |
|
13th March 2017, 23:01 | #47 |
BHPian Join Date: Aug 2014 Location: DEL, SFO
Posts: 901
Thanked: 2,838 Times
| Re: Team-BHPian takes on extortionate Bangalore landlords with a PIL First of all I would like to reiterate my immense respect and admiration for Waseem for the work he has done with Drive Without Borders. This issue is complex with arguments on both sides. The simple and unfortunate fact in our country is that contracts are hard to enforce due to the extraordinary slow legal process. Hence no matter how well written a tenancy contract might be, if the tenant doesn't abide by it, it means very little in practice. That is why the landlords would want as large a deposit as possible for surety. The way forward is to make the legal process faster as that would fix a lot of problems in our country. As a personal example, we have been trying to get a tenant evicted for the past 4 years. After 6 months of lies and false promises that he would leave next week, we filed a suit for eviction. This suit has been pending for three and a half years and it would probably take another two years if we are lucky. Then they can appeal in the High Court of course. This is because the tenant is crafty and has secured a crook as a lawyer and they file false pleas, fake documents and create fictional issues to delay the proceedings. No rent is being paid of course. In Delhi, due to the rent control act, most tenants claim that they had a seperate "oral" agreement for just one to three thousand rupees per month as this gives them protection from eviction. They declare the original agreement to be fake or claim that you gave the property orally to them later on or they bring another person who claims to have gotten posession from your orally! There is no option like the one for off the record eviction. The tenant is politically connected and people ready to act against him are demanding anything from 50 lacs to half of the property! I wouldn't engage in such illegal behaviour in any case but I am citing it here to provide a cost perspective. Now tell me: if I were ever to rent out a property in India, would I be wrong in asking for the highest possible deposit and the most draconian legally possible terms? Otherwise why would I endanger a property worth several cores for say 20k a month? In our country a tenant can easily hang on without paying for years and if I can hold a few lacs in deposit, it might just nudge him to vacate at the end of the rental term. Of course the landlord should promptly and fairly refund the deposit. People have compared home rentals to cars but they are quite different. A person using your car without permission is a thief and can be detained by the police but a tenant has a range of rights even after the expiry of the tenancy agreement and eviction is a very lengthy process. Unless we can have a speedy eviction process of say 6 months maximum along with the ability to sue and collect compensation for damages to the property, landlords are likely to collect as high a deposit as they can hope to get. Last edited by Lobogris : 13th March 2017 at 23:04. |
() Thanks |
13th March 2017, 23:06 | #48 | |||||||||||||||||||
BHPian Join Date: Sep 2013 Location: Bangalore
Posts: 529
Thanked: 2,213 Times
| Re: Team-BHPian takes on extortionate Bangalore landlords with a PIL See, at the outset, none of us speak for ALL the landlords or ALL the tenants. Writing "we" in posts should not mean all landlords/tenants opine that. We're here to discuss a simple path around the problem. NOT argue with each other. Quote:
I'd be optimistic & hope a reasonable outcome from this thread. Doesn't matter, as long as an understanding of perspective of Landlord/Tenant is achieved. Quote:
I personally don't mind mild paint scratches on walls. Let your kids draw with crayons all they like if you're living beyond 2 years, my family wouldn't bother bearing the cost of sanding & repainting when vacated. My current tenant came with a white-board for his kid, I've assured him not to worry if his tenure exceeds 2 years. Quote:
And its subjective, whats pristine for me, may be average for others. Just that it should be maintained normally. Cuts, breakages, stains etc aren't normal. Grant me that, Quote:
Quote:
Quote:
Still lets take some examples, the opportunity cost of the landlord : Consider just a citation of the current value of land & building, compared to say FD interest, if you're paying that much as rent you're already winning as you're converting your fixed expenses to variable with the convenience to exit at the time of your choice, unlike the landlord who's probably put down his lifes' savings as investment & can't divest in a fire sale with reasonable returns as immediately as a tenant can vacate the premises. Then consider the risk of possible cost of managing acts by bad tenants. Then consider the vacancy period that the property had to go through to become available. Then consider the usage life of the building, say 5% per annum due to regular wear & tear. (Depreciation) etc etc Quote:
Its abit like renting to use a Mercedes but not expecting Maruti-type repair bills if there are damages. Quote:
Quote:
Just like its a tenants prerogative to take or not take a place on rent, its a landlords prerogative to accept or reject an offer. Quote:
Quote:
And if that doesn't work, the legal framework is exploited to extend time, oftentimes for decades. Because of courts giving time based on cooked up stories. The lure of litigating a property is very tempting in India. Quote:
The solution is Tenancy Insurance with various add-ons as per unique tenant/landlord requirements. Quote:
Quote:
Quote:
Quote:
Quote:
Quote:
Quote:
EoD Tenant/Landlord has to trust to a certain extent. Else both will remain stuck perpetually. Last edited by WorkingGuru : 13th March 2017 at 23:35. | |||||||||||||||||||
() Thanks |
14th March 2017, 07:30 | #49 | ||
BHPian Join Date: Mar 2012 Location: KA03
Posts: 809
Thanked: 2,855 Times
| Re: Team-BHPian takes on extortionate Bangalore landlords with a PIL Quote:
Quote:
We should do everything we can to make sure that there is a level playing field, so no one is victimized and no one can victimize. | ||
() Thanks |
14th March 2017, 08:51 | #50 | |
Distinguished - BHPian Join Date: Apr 2013 Location: Beans Town
Posts: 1,847
Thanked: 8,351 Times
| Re: Team-BHPian takes on extortionate Bangalore landlords with a PIL Quote:
What I say is not directed at anyone in particular but is my own take on the matter, and like a few other members here, is an opinion that is coming from experiences of both sides of the fence (tenant and owner). Bangalore is even now, cheaper to rent compared to the other majorly crowded cities like Chennai, Mumbai and Delhi (Chennai and Mumbai are ridiculously overpriced in key areas). One could get a decent 2BHK in prime areas < 20k Rupees and in non-prime areas at <12k Rupees. Salaries are also high here, obviously anyone who can afford to pay Rs.20k as rent needs to earn about 2.5-3 times (Rs.50-60k) more for it to make financial sense, a fully refundable deposit of Rs.2 lacs doesn't seem so bad in this case. What many do not take into consideration is the fact that overall the demand for rent in the city is so high that people even casually go about asking if anything is for rent, heck I've seen people locking up to go for a vacation and their house caretaker tells them when they return that he got 20 interests from random people about renting the house. There is a range from Rs.10k, all the way to Rs.1,00,000 when it comes to rent, what is not factored in here, is that owners who rent their big houses - Rs.1,00,000 and above, they usually give it to people with a lot of disposable income, such people will come with a big family (obviously to fit the house) and they will also come to stay for long, average being 3 years and sometimes easily double of that. When they go after 5-6 years, a lot of restorative work needs to be done.. a mansion-esque house painting inside and out itself will cost Rs.1.5-2 lacs including metal and gates/wood polishing etc. Lets also factor in the changing of a few taps, fixing few leakages, switches etc and one is looking at a minimum of 2 lacs. Lets assume that the tenant and landlord, if they've built a good rapport over the years, split in good terms and the owners gives them back the full deposit, he still can defray the cost of the repairs by the interest earned via the security deposit. In case the damages are large and the tenant has shown absolutely no concern towards maintenance and upkeep, the security deposit can be cut if the repairs go into big numbers (4-5 lacs). For the tenant with big disposable income, it'll hardly matter. A big security deposit lessens the liability of the owner who has to bear with a lot of risks, lets face it, not every tenant is ideal. In my early schooling years my family rented out as well, and because we maintained the two properties so well neither times we had to give anything out of the deposit (10 months). Lets also remind ourselves that many times the owner is either paying EMI's for the property or is losing heavy "potential interest returns" which would've come had he/she not invested the large sum in the property, rent would be fraction of the interest return. Yes a house is about long-term capital gains but not until its sold, if ever, it is. Its only my view, I don't think a 10x deposit is unfair given the present demand, sure if the owner is willing once can negotiate for it to be lesser (6x or 5x), I don't think it should go below 6x though. In anycase an owner had full right to refuse to rent to anyone where terms are not favourable, and let me tell everyone an automatic reflex reaction IF the law comes into place of a "uniform 3x deposit" restriction, rent will blow through the roof because the owner will want to defray costs and increase income via another means (a 6 year rental agreement would mean 6 years of capital tax which the tenant is enjoying not paying since he doesn't own it and the owner has to pay even for not using the house for himself, and that itself will average to about 50-60k for a big house -Rs.8-10k per annum). Then next would be to fix a rental limit per sq.ft and bring that into reforms and the whole housing industry will collapse like a pack of cards. In my view, let the existing system go on - i.e each tenant and landlord coming to a mutual understanding, or not. | |
() Thanks |
14th March 2017, 09:42 | #51 | |
Senior - BHPian Join Date: Nov 2009 Location: Bangalore
Posts: 1,937
Thanked: 2,913 Times
| Re: Team-BHPian takes on extortionate Bangalore landlords with a PIL Quote:
Last edited by deehunk : 14th March 2017 at 10:06. | |
() Thanks |
14th March 2017, 10:27 | #52 |
BHPian Join Date: Apr 2013 Location: Bangalore
Posts: 375
Thanked: 572 Times
| Re: Team-BHPian takes on extortionate Bangalore landlords with a PIL Based on the vehement support from some folks about the deposit, looks like the landlord mafia is alive and kicking here as well. Come on guys, if you're not willing to absorb even a modicum of risk for your precious possessions when you rent it out to generate income, DON'T rent it out in the first place, as simple as that. Folks giving examples of letting out their properties worth crores for 10K a month, are you really that naive? Even for calculation purposes, no one is doing the other party the a favor here. These agreements come with some risk built in at the core, don't do the crime if you can't do the time. Last edited by Parth46 : 14th March 2017 at 10:38. |
() Thanks |
14th March 2017, 10:43 | #53 |
BHPian Join Date: Aug 2008 Location: bangalore
Posts: 574
Thanked: 1,528 Times
| Re: Team-BHPian takes on extortionate Bangalore landlords with a PIL I'm sorry, but I don't see why anyone should have the right to regulate what I want to charge as deposit, or for that matter as rent for what is MY property. If I have a tenant who agrees to my terms, whatever they are then great for both of us. If not, the property wont rent. Simple. |
() Thanks |
14th March 2017, 10:50 | #54 |
Senior - BHPian | Re: Team-BHPian takes on extortionate Bangalore landlords with a PIL What I fail to understand how will a 10 month or a years deposit help ? If the house is not returned in an acceptable way, wouldn't 3 month's rent be sufficient to mend it ? Also it is not that a house which is meant to be let out, will have 'Velvet Touch' distemper used on the walls. Landlords will anyways use the basic paint. Now speaking of tenants resorting to goons for extracting the deposit, they will do so more when the amount is more. The huge deposits effect people who have just moved to the city or just got married. There is anyways a huge expense in moving and setting up your home. Imposing a 10 month deposit with no interest on everyone is not fair. The landlords are keeping everything in their favor. Rent amount, deposit amount, interest from deposit, one month's rent forfeit for repainting, 2 month's notice or rent forfeit, maintenance to be paid by tenant directly to save tax, etc. The tenants are giving them income or contributing to their EMI. They cannot be milked for everything. You can't take the risk involved, don't rent out or pay interest. If the landlord receives the house back in good condition, will the landlord let go of one month's rent ? In Kolkata, the deposit amount is 2 months and they donot forfeit one month's rent for repainting either. In Mumbai, I had taken rent when I was asked for 11 months deposit but no rent for the entire 11 months and was adjusted with the deposit. Last edited by Altocumulus : 14th March 2017 at 11:02. |
() Thanks |
14th March 2017, 11:57 | #55 | |
BHPian Join Date: Aug 2009 Location: Bangalore
Posts: 169
Thanked: 797 Times
| While we are all discussing rents and owners, I guess a lot of us are simply bringing in anecdotes in here to justify the validity. ( Me included). If you had been renting your place for 50k or 1L in Bangalore, and taking 10 times that as deposit, you are not the reason why PIL is filed. Obviously you are targetting the very very well off population with a lot of disposable income. The PIL is for the majority of normal working class in Bangalore, who pays about 10k to 20-25k as rent and are chalking out 10 times that as deposit. There has also been very clear studies about the value of a living space. I may be way out of limit here, but if you put in the best ever stuff in a place you wanted to rent out, obviously you are taking a high amount of risk and that, IMHO is not good business sense. If you built up your apartment to live in it, and had to rent it out because of X,Y circumstance, that does not change the fact that it is a poor business choice. You should obviously do your business with minimum risk. Quote:
On the other thing about pristine being subjective, this is exactly my point. When you say Cuts are not normal, I agree. But an italian leather sofa that costs like half of its price to repair and an indian jugaad that takes Rs 200 to stitch up and repair is the same value to many people. And since they are renting, in most probability, they do not care. Just provide reasonable facilities. You have to find a way to dispose your expensive stuff or be ready to part with its value slowly. Its very very risky. Just start mentioning the costs of the items you have used to furnish and the amount of money to repair upfront to your tenants; get that clearly communicated when you give away the place. I myself had one owner remove a nice good sofa, a small cabinet and a Krishna idol before I took possession. " Thats a nice piece sir, but I want to live in a house where my daughter can spill. " He smiled, understood immediately and had that removed in 2 days. I, of course brought in my own sofa. Last edited by benbsb29 : 14th March 2017 at 16:57. Reason: Merged back-to-back posts. Please use the Multi-quote button to reply to more than one post at a time. Thanks. | |
() Thanks |
14th March 2017, 12:37 | #56 |
BHPian Join Date: Sep 2015 Location: Gurgaon/Saigon
Posts: 755
Thanked: 2,451 Times
| Re: Team-BHPian takes on extortionate Bangalore landlords with a PIL This is a tricky situation. Owners are free to charge whatever they want, to rent out their own property. This is a given. Point here is how much is too much? not for rent, but for the "interest free" security deposit. I guess, it should be left to the owners to decide on that, with some riders (possibly through laws): 1. Maybe upto x% percent of circle rates where the rented property is located. If more than x%, owners have to pay interest on the deposit above x% 2. The security deposit, after netting off the mutually agreed amount on account of repairs et al, should be given back to tenants within x days of leaving the premises by tenants 3. Maybe an entry in income tax returns as income from property (with tax on security deposits) and then rebate under loss from property when deposit is given back (with full exemption on amount spent on repairs to owners). I an just guessing here. Point is, one can't enforce arbitrary limits on rents and security deposits, that right lies with the owners. However, to make it a level playing field (and to really leave the setting up of deposit limits on market forces - by making it a bit more regulatory), there need to be a bit more thought out law in order to safeguard interests of both tenants and owners. P.S. no amount of security deposit is 100% guarantee that the rented out premises will remain spot free and perfectly maintained. And no amount of deposit can guard against rouge tenants who refuse to vacate the premises (in fact, a large deposit with owners will make such tenants more rampant in abusing the property). |
() Thanks |
|
14th March 2017, 15:03 | #57 | |
BHPian Join Date: Jun 2012 Location: Hyderabad
Posts: 592
Thanked: 1,380 Times
| Re: Team-BHPian takes on extortionate Bangalore landlords with a PIL Quote:
You should understand that there are lot of owners in this forum who have respected and empathised with the tenants and went out of our way to ensure that they did not face hardships just because they slipped up on rent or did not maintain the house to our expectations. I would never take 10 months deposit from anyone just because the landlord next door demands it. I have been a tenant in a Tier-1 city and I know the hardships that come with it. What I don't agree is that some people are making it look only the tenants are the victims. It is a mutually agreed contract at the end of the day. Renting out a property is a energy-sapping task and in most cases, people don't have enough time in hand to look around in leisure for the house of this choice. If you do not like the advance that you are paying, you are free to walk out and I am sure you will find landlords who accept lesser deposit. Why pay the advance in the first place and sulk about it later? | |
() Thanks |
14th March 2017, 15:16 | #58 |
BHPian Join Date: Apr 2013 Location: Bangalore
Posts: 375
Thanked: 572 Times
| Re: Team-BHPian takes on extortionate Bangalore landlords with a PIL
Please read my post in entirety. It's not about you alone. Folks have clearly mentioned in this very thread that the 10 month deposit is not just justified, but even required to safeguard their interests. They've gone so far as to even question the motives behind the PIL and claimed it was being done for publicity. Your thoughts? PIL has already been filed and is being reviewed, let's see what comes of it rather than debating here endlessly. Last edited by Parth46 : 14th March 2017 at 15:38. |
() Thanks |
14th March 2017, 15:37 | #59 | |
BHPian Join Date: Jun 2012 Location: Hyderabad
Posts: 592
Thanked: 1,380 Times
| Re: Team-BHPian takes on extortionate Bangalore landlords with a PIL Quote:
If you feel debate is unnecessary here, then why have this thread in the first place. We can request the mods to close this thread and get it done with | |
() Thanks |
14th March 2017, 15:41 | #60 | |
Senior - BHPian Join Date: Oct 2010 Location: Bangalore
Posts: 1,813
Thanked: 5,864 Times
| Re: Team-BHPian takes on extortionate Bangalore landlords with a PIL Quote:
10 years ago I came to Bangalore penniless (with a job though). Each and every landlord we contacted demanded a 10 month advance! There were some who acted kind and asked 9months! With no option left I had to take loan for my employer just to take a house on rent. 10 months of advance is simply loot. Nothing else. | |
() Thanks |