• Broker allowed tenant without making Leave & Licence to occupy

To rent our empty flat in LIG (reg. Society kurla) gave keys to local broker to show tenants. He was informing of finding tenants . About one party he said is ready for the conditions of deposit (6 month rent) & the said rent. So we asked to meet tenant & to prepare L.& licence documents.As advance he gave 5 months rent (Thru bank transfer- that realizes) & promised balance to pay while processing L.& L. Waiting 1 week when he didn't contact:went to our flat to see on family in our flat staying for a week whom we never saw before.
We asked them who are they & how they are in without any contract & without meeting or seeing the owner ? They gave answer that broker is making contract but he is not attending calls.But we said them to vacate first & later arrange with broker what ever you dealt with him but you are in our flat totally illegally.The family begged for a week to vacate.we left with this oral promise but took this commitment written + attached Copy of their ration card & Adar card. 
It looks the broker played some fishy game so he is absconding & in this if this illegal family delays then what step i shoul take to get vacated our flat ?
True-Facts : - 1. we had neither MET this tenant nor took any money in any form from this family. 
 we want them to vacate through legal way /Police complaint. if they don't. 
 2. Broker (local-type) transferred the amount -5 rents thru his own a/c) & 
 No any deal /paper signed with him IN THIS REGARD .Only verbal talk that 
 every thing will be while preparation of L.& L. what he did not do,nor contacting 
 any one. 
 3. our society of the building is on our side that broker has done some fraud. 

Help needed: 1 we want this occupant to vacate first.As they are completely stranger to us -as an owner. 
 2.May be after or while vacating happen he might appear : What action we have to take : but in any case we don't want to any deal thru him.
 3. If flat vacate , when & on what term /way to return his amount.? 
Best regards. 
FROM :-Shahnaz Qureshi ,vakola santacruz MUMBAI 400055/
Asked 7 years ago in Property Law
Religion: Muslim

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3 Answers

1. This is an illegal act for which the broker alone is responsible.

But the so called tenant cannot stay in that house even for a single day when you have detected somebody residing illegally in that place.

You can strictly ask them to vacate and not to stay there even for an hour, a formal complaint with the local police agaisnt the fraudulent broker and also the illegal occupants may be lodged with the police immediately because it cannot be said that the illegally occupying tenant would vacate even after expiry of one week period, hence if the matter reaches police, they would ensure the so called tenant to vacate the place/premise on the time they have promised to vacate.

Since you have not received any amount towards the rent or advance from the occupant, yo may tell them to collect the same from the broker in case they demand that amount.

T Kalaiselvan
Advocate, Vellore
85369 Answers
2231 Consultations

5.0 on 5.0

1. Nobody can enter the property much less live in it without a rent agreement/lease deed.

2. If the family does not vacate after a week then a police complaint for house trespass under section 452 IPC can be filed by you to the nearest police station. If they do not vacate despite the police complaint then a suit for eviction in the civil court will be the only answer.

3. Also file a police complaint for cheating against the broker under section 420 IPC.

4. Enter into a written agreement with the trespasser at the time of taking the vacant possession of the flat. Make him acknowledge in writing that he has received back his amount.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

file police complaint of criminal trespass against family staying in your flat

2) also file police complaint of cheating , criminal breach of trust against the broker

3) further society NOC is required for giving flat on leave and licencse

4) you are not liable to pay trespasser any amount

5) liability is of the broker as he has pocketed advance rentals

6) trspasser should also file police complaint against broker for cheating , criminal breach of trsut under section 406, 420 of IPC

Ajay Sethi
Advocate, Mumbai
95168 Answers
7604 Consultations

5.0 on 5.0

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