Hi, I have a query on laws of a flat owner vis a vis tenants.
We live in Mumbai and have a flat in Bangalore. if I let out the flat in good faith in the understanding that the rental agreement will be done only on receipt of the deposit amount and if the person refuses to pay the deposit amount, what are my rights as an owner? Can i get such a person to leave the property? If yes, how?
Asked in Civil Law from Bangalore, Karnataka
1) enter into leave and licence agreement only if you want to rent your flat
2) have the agreement duly stamped and registered .
3)dont give possession of flat to licencee unless security deposit is received in advance
4)in the event licencee fails to furnish security deposit you can terminate the agreement
What if the person has already occupied the flat and is refusing to the pay the deposit? Since there is no agreement, can this be considered an encroachment on property? What are the avenues available to the flat owner to get the person vacate the flat? The flat is in bangalore
Asked 2 years ago
1) how can you be so negligent in giving your premises without any agreement?
2) since there is no agreement the tenant is not bound to furnish any security deposit
3) how do you collect rent ? have you issued rent receipts?
4) issue legal notice to tenant to vacate the premises . contact a local lawyer
1) You need to immediately send a notice asking the person to vacate the premises. Of course it is an encroachment.
2) It was however negligent on your part to allow possession without getting the agreement registered.
3) Take immediate steps to evict the person . Engage a local later on Bangalore. Also file a complaint on the local police station stating that the person has taken illegal possession.
A. You can issue a demand notice for rent deposit by narrating all facts in the absence of agreement.
B. You would have to file an eviction notice with an appropriate civil court in your locality. Once you have filed the request for eviction, the tenant would receive the court notice for eviction. At this point, most tenants would leave the premises on their own without causing any problems. In order to complete the procedure, the tenant would contest the notice, after which you would have to wait for the court to hear your case. Depending on the evidence you provide and the arguments made by your tenant, an eviction may be granted.
C. You cannot approach the police station with respect to the same because of the police can only interfere when the illegal activities going on in your premises and execution of the eviction order. Usually, police may reject to lodge the complaint due to nature of the case is civil. contact local lawyer to resolve this matter.
1. If you let out your property without a leave and license agreement you will not be protected by the rent control laws.
2. A leave and license agreement delineates the rights and liabilities of the lessor and lessee in unambiguous terms, the unilateral violation of which entitles the aggrieved party to seek redressal from the court. So if you are not protected by an agreement the lessee can refuse to vacate the property and may rather claim to be the owner of the property.
3. It is advisable to enter into a leave and license agreement with the lessee and have it registered in accordance with the law.
1. Have you already given your property to this person without executing a leave and license agreement? If yes, you threw caution to the wind, and you cannot claim protection under the rent control legislation. You cannot claim to be the landlord.
2. Why would the 'occupier' give you any deposit when his obligation to do so has not been documented? To seek deposit you have to establish that the other person is legally bound to pay the deposit. The legal liability would have flown out of the agreement, but you did not execute it.
3. The only legal recourse available to the owner of the property is to now file a lawsuit for eviction.
1. The query is deficient of vital details,
2. Undrstand that you have allowed in good faith the flat to be possessed by some one who is unfaithful to you,
3. Are you collecting monthly rent from the occupier?
4. Is there any document evidencing that you have allowed the occupier to take possession of your flat on condition of paying monthly rent?
5. Give complete details to advise properly.
1. If there is no evidence that you have allowed him to occupy your flat as tenant and execution of tenancy agreement was pending for his being able to arrange for the deposite amount, then he may cite some vague reason for your allowing him such occupation like he has paid you huge amount in cash for buying tha flat which you are now refusing to register,
2. Yes, it may sound ridiculous but it will take years (even 10 years) for getting him evicted with due process of law i.e. getting favourable court order after filing eviction suit against him.
Since you say that you have let premises for rent by handing over the possession to the tenant in the absence of any rent agreement then the only remedy available to you is to file a suit for mandatory injunction to evict him or file a suit for eviction on the strength of oral agreement
if you are the real owner and there is no dispute in title then file a civil suit for eviction with mesne profit and damages against the person who possessed the flat.
you may file a criminal case against him for trespassing and illegal encroachment of the property.
Advocate, New Delhi
Send legal notice terminating the oral rent agreement with immediate effect and give him to time to vacate the premises wit in 15 days and claim outstanding rent based on oral agreement.
If he fails to vacate the Premises even after lapse of 15 days, you can file the Eviction suit and claim outstanding rent.
Yes, its time consuming. But not impossible to get him evicted.