• Tenant landlord problem

We have been living in kolkata as tenants in an old building in kolkara from 1960 but from 2009 onwards we have not been living the for a while and kept the room under lock and key as we have found another accomodation in kolkata but we some time go to see that our old rented accomodation but now our old land lord are not allowing us to enter their premises . It is to mention that we have no agreement between us as in those days in 1960 it was not done and the landlord also does not have their property deed with them but it is with their relatives who have quarrel with them what can we do sir?
Asked 7 years ago in Civil Law

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18 Answers

Do you have the rent receipts?

2) have you been regularly paying rent ti landlord ?

3) if landlord is refusing to permit you entry file police complaint against landlord

4) produce rent receipts that you are in possession for last 57 years

5) contact a local lawyer and file declaratory suit that you are the tenant of the premises

Ajay Sethi
Advocate, Mumbai
95208 Answers
7609 Consultations

5.0 on 5.0

immediately file a police complaint against the lend lord and then file a civil suit for injunction and possession of your property(tenanted property), the court has power to direct your lend lord to handover the possession of your tenanted room peacefully, otherwise the court may pass an order to police assistance also.

Feel Free to Call

Nadeem Qureshi
Advocate, New Delhi
6307 Answers
302 Consultations

4.9 on 5.0

yes, you can stay there until and unless court passed an order for eviction against you and without due procedure of law, the landlord has no right to evict you.

Nadeem Qureshi
Advocate, New Delhi
6307 Answers
302 Consultations

4.9 on 5.0

on your grand father demise his legal heirs have to request landlord to transfer rent receipt in name of one of the legal heirs

your father , mother and other can give NOC to transfer tenancy in your name

3) you would be a deemed tenant . if landlord refuses to accept you as tenant you would need court orders to direct landlord to transfer tenancy rights in your favour

Ajay Sethi
Advocate, Mumbai
95208 Answers
7609 Consultations

5.0 on 5.0

you can request landlord to carry out repairs as premises are in dilapidated condition

2) if landlord refuses to carry out repairs you are at liberty to carry out the repairs

Ajay Sethi
Advocate, Mumbai
95208 Answers
7609 Consultations

5.0 on 5.0

1. The police has nothing to d0 on this.

2. Keeping the proeprty from 2009 under lock and eye was mistake on your part and the landlord has taken this opportunity.

3. if you had furniture in the premises then you can lodge complaint of theft.

4. Otherwise there are other methods which I can not advise on public platform.

Since you are from Kolkata you can contact me for further assistance on this issue.

Devajyoti Barman
Advocate, Kolkata
22920 Answers
498 Consultations

5.0 on 5.0

1. How long have you abstained from entering in to your said old rented house?

2. Do you have kept furniture/articles in that rented house or it is empty?

3. You should now lodge a police complaint against the land lord for his restraining you in entering in to your rented house.

4. If police fails to act, file a writ petition before the High Court praying for direction upon the police to investigate and act based on your said complaint.

Krishna Kishore Ganguly
Advocate, Kolkata
27245 Answers
726 Consultations

5.0 on 5.0

1. Are you paying the rent to the land lord during the period of your staying away from the said rented house?

2. Police is no body to give you permission to enter in to your rented house.

3. Police will resist any act upon you in your entering in to your rented house, if you can establish that the said house.

4. You can repair the house if it is required to be repaired in order to avoid any mishap but before that you shall have to serve adequate notice to the land lord asking his to arrange to repair the same or agree to your proposal to your repairing the same and deduct the cost from the ensuing rent to be paid to hi. in future.

Krishna Kishore Ganguly
Advocate, Kolkata
27245 Answers
726 Consultations

5.0 on 5.0

1. You shall have to establish that your grandfather was the tenant of that house who continued to pay rent to the land lord and after his demise, you as his legal heir has inherited the tenancy right from hi and also has continued to pay the rent t the land lord regularly.

2. In the above condition, you can claim inheritance of the tenancy right of that house from your grandfather.

Krishna Kishore Ganguly
Advocate, Kolkata
27245 Answers
726 Consultations

5.0 on 5.0

It is to mention that we have no agreement between us as in those days in 1960 it was not done and the landlord also does not have their property deed with them but it is with their relatives who have quarrel with them what can we do sir?

Until you have not vacated and handed over the vacant possession of the rented premises and also so long you are paying the monthly rental amount regularly, the house owner cannot force you to vacate or can obstruct you enjoying the tenanted premises other than by due process of law.

You can lodge a police complaint agaisnt him if he obstructs your entry into the house.

By the way why do you want to retain the rented house when you have already shifted o some other better house that too around 8 years ago.

T Kalaiselvan
Advocate, Vellore
85409 Answers
2237 Consultations

5.0 on 5.0

Can we take police permission for entering the rented accommodation and also sir the condition of the building and our room is dilapidated can we repair it with police permission as landlord is not willing ilto repair it

You can take the assistance of police only for entering into your house without the fear or fear of the house owner.

The police is not the authority to permit you to carry out the house renovation work.

You have to approach high court only for getting such permission.

T Kalaiselvan
Advocate, Vellore
85409 Answers
2237 Consultations

5.0 on 5.0

Can we stay there for as long we want because the original tenant my grandfather died one year ago and can I have claim on that rented accomodation

Upon the death of original tenant, his legal heirs can remain in the tenanted premises for a period of just five years and not beyond that.

You are not a legal heir to you grandfather, hence you may not be eligible for any such situation.

T Kalaiselvan
Advocate, Vellore
85409 Answers
2237 Consultations

5.0 on 5.0

1) in olden days rent agreement was hardly executed and property changed hands on basis of rent receipts

2)if you have alternative accommodation i can be ground for landlord to file eviction suit against you

3)file suit to direct landlord to transfer tenancy rights in the name of legal heirs

Ajay Sethi
Advocate, Mumbai
95208 Answers
7609 Consultations

5.0 on 5.0

1) file police complaint against the landlord if he has removed doors of your house and stolen articles from your tenanted premises

Ajay Sethi
Advocate, Mumbai
95208 Answers
7609 Consultations

5.0 on 5.0

The legal heirs of the deceased tenant can hold the rented premises for another.

This is an oral agreement for rent.

The proof is the regular monthly payment of rental amount.

You cannot take shelter in the owner's property dispute.

You cannot even demand the property documents from him especially after having lived in the premises for over four decades.

The landlord cannot evict you forcibly or prevent your entry into the rented premise forcibly, it is against law and an illegal act.

He can initiate eviction only through due process of law.

You are entitled to quiet and exclusive enjoyment of your home.

Your landlord is only allowed to enter your home with your permission. If the landlord needs to carry out repairs or inspect the premises, it should be by prior arrangement, except in an emergency

This right to remain is subject to certain rights that the landlord continues to have. The landlord may reclaim the property for a number of reasons

T Kalaiselvan
Advocate, Vellore
85409 Answers
2237 Consultations

5.0 on 5.0

we also noted that our rented property got damaged as there was no doors at the entrance as it was before also some of our things are missing from the room we doubt

If you believe that th4 damages ere done intentionally and find some items are stolen from your house, you may lodge a complaint agaisnt the owner for this illegal act.

He has no right to damage the property or remove any item from your house even during the period where the tenancy is in question.

He has to approach court for relief of eviction and cannot do it on his own as per his will and wish.

T Kalaiselvan
Advocate, Vellore
85409 Answers
2237 Consultations

5.0 on 5.0

1. The original title deed is not with the land lord and/or they have family quarrels can not be treated as a ground for your claiming occupation of the property which you claimed as has been rented to you where you did not stay since 2009.

2. The land lord can get the certified copy of the said title deed from the registrar's office.

3. You have been regularly paying rent to the rent controller is enough evidence of your being a tenant of the said property.

4. Lodge a police complaint for his not allowing entry in to your rented house.

5. Do not admit that you did not come there since the year 2009 but say that you stayed there even before 3/4 months.

6. File the W.P. if the police refuses to act as suggested in my earlier post.

Krishna Kishore Ganguly
Advocate, Kolkata
27245 Answers
726 Consultations

5.0 on 5.0

1. Lodge police complaint of theft against the land lord and also for illegal trespassing in to your rented house.

2. Approach the High Court if police refuses to register a FIR against your said complaint, as suggested in my earlier post.

Krishna Kishore Ganguly
Advocate, Kolkata
27245 Answers
726 Consultations

5.0 on 5.0

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