Is a Show Cause Notice issued in your name and you are wondering how to respond to the notice?
Then You have come to the right place but before jumping onto how to respond to a show cause notice, it’s important to understand what exactly a show cause notice is.
A show cause notice, as the name suggests is a notice issued by either a Court, or a Competent Authority or any Organization asking the particular individual in whose name the notice has been issued to show the cause which means to explain the reason behind his act or omission in writing regarding which the notice has been issued. It is basically issued to give the accused or the wrongdoer a fair chance to show and explain the reason behind his/her act or omission. However, the reasons might be different depending on which authority is issuing the notice. If a show cause notice is issued by a Court of law, it can be issued to a party to show up in the Court and explain why a certain action should not be initiated against him/her. Apart from this a court can issue a notice if the due procedure was not followed while filing of the complaint to the responsible actors.
If a show cause notice is issued by an academic or educational institution against a student who is suspected of engaging into some malpractices, it can be issued to the student to show why he/she is not supposed to bear the disciplinary action. This is issued as a last chance to the student to show up and justify his stance. Another case can be of a business where a show cause notice is issued by the employer to an employee who due to his misconduct and negligent behavior can be fired, or can be punished if the conduct is not improved even after the counselling sessions.
Now in case you got a show cause notice from any of the above organizations, you should be mindful of some very important aspects while you reply to the said notice to be able to use your chance wisely. These are as follows-
- Adhere to the Deadline – When a show cause notice is issued, there is a deadline before which you need to respond to the notice, it is important that the deadline is taken care of, failing which may result in complications and you may have to seek extension which might or might not be granted.
- Check the facts – Thoroughly go through the facts and circumstances as mentioned in the said notice and in case the facts mentioned are not true inform the issuing authority.
- Consider taking legal consultation – Turning to legal consultation is integral in case you need to reply to a show cause notice as it’s your last chance to explain your case and get exempted from the liability and punishment. You will not want to miss that chance at any cost. A legal expert will help you draft the reply in the format as needed. S/he will also assist into adding all the important aspects that are central to your case and can help you exempt from the liability.
Respond to the notice or contest the notice
When a show cause notice is issued, you have two options to respond to it by either replying to the notice or contesting the same.. If you feel that notice that is issued in your name was issued with malicious intention and the charges mentioned therein are false, you can contest the show cause notice but in that case, the burden of proof to prove your contention is entirely on you. That’s why contesting the show cause notice is not always the best option possible.
A good response to the show cause notice has the potential to save you from the legal action.
How Can WeVaad Help?
Replying to a Show cause notice can be hectic at times and it involves legal technicalities which can be difficult to understand for a person having no or little knowledge of legal aspects. Alternatively, you can always consider mediation to resolve the dispute in an amicable manner.
Do you fancy resolving your disputes without going to courts? You have come to the right place!
WeVaad is an online dispute resolution platform which helps parties with dispute resolution via e-arbitration, e-mediation and e-conciliation. We resolve disputes between the parties within 90 days online at the convenience of the parties. Reach out to us today to understand how we can help you in amicably resolving the issue in a confidential manner.
Landlord And Tenant Is A Contractual Relationship Built By A Rent Agreement, The Landlord Is The Owner Of The Property Giving Out His Property On Rent Or A Person Possessing Power Of Attorney (POA). The Tenant On The Other Hand Is The Person Who Takes The Property On Rent And Pays The Rent According To The Terms Of The Rental Agreement If There Is One Or Else As The Landlord Specifies. Disputes Are Inevitable In Any Contractual Or General Relationship And The Landlord-Tenant Relationship Is No Exception, Though Some Of The Disputes Can Be Avoided By Formulating A Rent Agreement Disputes Still Arise.
The Most Universal Landlord-Tenant Disputes Will Be Discussed Further In This Article Along With The More Convenient Way To Resolve These Than Litigation.
1. Not Maintaining Cleanliness
This Issue Is Quite Common Between The Landlord And The Tenant As There Are Instances Wherein The Tenants Do Not Keep The Premises And The Rooms Clean Rather, They Leave It In An Awfully Bad State Which Is Disadvantageous For The Landlord And Is Straight Harm To Her/His Property Which Gives Rise To This Dispute Which Can Be Easily Handled With A Little Understanding.
2. Violation of Rules
When A Tenancy Agreement Is Made Between The Parties There Are Certain Rules And Regulations That Are Inserted Into The Contract For The Smooth Functioning Of The Tenancy. If Any Of The Parties, Be It The Landlord Or The Tenant Infringes These Rules And Regulations Written In The Agreement It Turns Into A Dispute.
3. Damage to the Property
Damage To The Property Of The Landlord Is A Very Common Dispute Between These Parties As There Is Such Type Of Occurrences Where The Property Has Suffered Damage Due To Mishandling And Carelessness By The Tenant. In This Case, The Landlord Generally Demands The Repair Cost Of The Damage Caused By The Tenant, If The Tenant Agrees This Issue Is Resolved There And Then But In Case The Tenant Refuses To Take Responsibility For The Damage And Denies Giving The Repair Cost And Asserts That The Damage Was Not Caused By Her/His Carelessness, A Serious Dispute Surface.
4. Delayed Rent Payment
When The Rent Payment That Has To Be Submitted At A Specified Time Gets Continuously Delayed For Some Reason Or The Other Irks The Landlord. If There Is Some Genuine Reason Why The Tenant Is Unable To Pay The Rent On Time This Does Not Make Much Of An Issue But In Case, There Is No Genuine Reason, And The Payment Is Still Delayed This Often Results In Termination Of The Tenancy.
5. No responsiveness of the landlord towards repair requests
This Is A Serious Problem Often Faced By Tenants Which Sometimes Results In Their Evicting The Apartment When The Landlord Is Not Paying Any Heed To Their Continuous Requests Of Getting Repaired Which Hinders Their Smooth Stay And Daily Lives. The Landlord Has The Sole Responsibility To Pay Attention To The Repair Requests Made By The Tenants And Get The Work Done As Soon As Possible And If The Landlord Fails To Do So It Is A Clear Breach Of The Responsibilities.
6. Eviction without any reason or notice
This Is Something The Landlords Do When They No Longer Want To Keep A Particular Person As A Tenant At Their Place But Evicting A Tenant Without Any Prior Notice Or Even Not Specifying The Reason Is Infringing One Of The Responsibilities Of The Landlord. This Is A Serious Issue Between The Landlord And The Tenant And Puts The Tenant In A Troublesome Situation As Evicting And Finding A New Place To Reside In A Sudden Development Is A Tough Task And Thus A Dispute Evolves.
7. Non – refund or partial refund of the Security Deposit
The Security Deposit That Is Taken By The Landlord At The Beginning Of The Tenancy Is For Security And Shall Be Refunded When The Tenancy Is Going To End But That Does Not Happen A Lot Of Times And The Landlord Refuses To Refund The Security Deposit Marking Various Reasons Else Agrees To Only Refund Half Of The Amount That Was Originally Deposited By The Tenant Which Is A Violation Of The Rights Of The Tenant As S/He Is Entitled To Get Back The Whole Amount Of The Security Deposit As Initially Deposited To The Landlord.
8. Entry without reasonable notice
Though The Property Belongs To The Landlord, The Tenant Also Acquires Easement Rights Once S/He Takes The Property On Rent And If The Landlord Is Entering The Premises Where The Tenant Resides Every Now And Then Or Suddenly Without Serving Any Reasonable Notice Infringes The Right To Privacy Along With The Easement Rights Of The Tenant.
How can a Rent Agreement Significantly avoid these disputes?
A Rent Agreement Can Prove To Be An Effective Instrument To Avoid Tenancy Disputes To Some Extent If The Rent Agreement Is Drafted Well After Incorporating All The Important Aspects Which Are Likely To Become The Main Cause Of Any Dispute That May Arise Between The Landlord And The Tenant.
Since A Rent Agreement Covers All The Important Aspects Of A Tenancy; Rent-Related Rules, The Conduct Of The Parties, Eviction, Right Of Entry, Possession, Pet Details Etc. All Are Included. Entering Into A Rent Agreement Can Significantly Avoid The Disputes Explained Earlier In This Article As It Is A Legal Document And All That Is Mentioned Is Either The Duty Of One And The Right Of The Other And Vice Versa, Which If Infringed Will Result In A Penalty That Will Also Be Specified In The Agreement. The Fact That The Parties Are Bound By Law Makes It Less Likely That The Terms Would Be Infringed Which In Turn Avoids The Most Common Tenancy Disputes To Some Extent. It Is Always Advisable To Make A Rent Agreement As It Aids In Avoiding Disputes And In Case The Disputes Arise It Also Helps In Better Resolution As The Duties And Rights Are Clearly Demarcated.
What WeVaad has to offer to resolve and avoid Tenancy Disputes?
Resolving Or Even Avoiding The Tenancy Disputes Is A Tough Task To Achieve As When Trying To Avoid The Disputes Through A Rent Agreement It Is Important That The Rent Agreement Is Drafted And Curated Well, And Resolution Is Even More Daunting If It Reaches Litigation.
Do you fancy resolving your disputes without going to courts? You have come to the right place! WeVaad is an online dispute resolution platform which helps parties with dispute resolution via e-arbitration, e-mediation and e-conciliation. We resolve disputes between the parties within 90 days online at the convenience of the parties. Reach out to us today to understand how we can help you in amicably resolving the issue in a confidential manner.