I have a flat in Badlapur which I gave on rent to a lady, who wished to open a pre- primary school in it. We entered into agreement & registered the Leave and license for 33 months in the month of April 2017. I wrote to the secretary of the society giving them the knowledge that my tenant wants to open pre-primary school in it. After 1 month of giving the letter to society the Secretary sent me the letter that according to society's bye-laws school can't be open in society premises and in my flat. In the meantime my tenant had started creating infrastructure in my flat as she needed for opening of pre-school for small children in which she substantially invested almost Rs.3 lac. The Leave and license was made only for Residential purpose only. Now the tenant lady wants the money back which she has invested in creating the infrastructure inside the flat. She had not took any written permission from me or society before making changes in the flat. Neither has she paid rent from the time agreement took place. We had hot talks on mobile regarding payment of compensation and she threatened to me for not vacating the flat. What are my rights to gain access of my flat back from the tenant? What is the procedure I need to follow?
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1) you are not bound to refund investment made by licencee
2) agreement was entered into for giving premises on rent for residential purposes only
3) if tenant is not paying rent issue her legal notice to vacate the premises
4) if she refuses file eviction suit
1. You Are in no way liable to return the money which she ahd invested.
2.on the contrary you can seek damages for the changes she had made in the premises in absence of your permission.
3.If the trannt is not vacating the flat you can file suit for her eviction and claim damages as well.
Legally you can file an eviction suit against her for not paying the rent and occupying the premises without paying any advance amount too.
If she is threatening or indulging in any type of illegal act against you, a criminal complaint with the local police would be a better step to remove her from the property.
Do not get into any violent act of forcibly removing her from the flat because that will make a strong ground for her to squat in the property.
The Tenant lady & her Husband are accusing me that it was my duty to get the NOC from the society to get her open the school in Society premises. I had already informed to the society before making agreement that my tenant wants to open the school in my flat for which they replied negative after 1 month’s gap. However the society Secretary and other members said they had no problem in start but later on after getting objection from Complex federation people the Secretary refused to give the permission. According to law is it Landlord’s duty or Tenant’s duty to get the NOC from the Society for opening of Pre-School in Residential complex? The Tenant lady and her husband are trying to threaten me by involving a Shivsena (Political party) personnel for paying the compensation for the expenses they have made for structuring school, I Had given them verbal permission only for sticking wall posters and black boards for the small students but they had invested huge amount in installing CCTV, painting, floor carpets and other things without information or permission from me or society. She has also submitted a Complaint in Police station that I have not brought her permission from society for opening her school and recovery of her compensation. The tenant has refused to pay the 3 months rent due and to remove the structuring made in flat. Can I file the eviction notice to her? What it the procedure & rules to File eviction notice to tenant in Maharastra state and how much time it takes to get all the formalities done? If Court passes the sentence in my favor and still Tenant refuses to vacate the flat and remove her articles, what will be my remedies? Is it local Police’s duty to vacate my flat from tenant after getting court’s order? My father is in much tension because of all these incidents, Please reply.
1)it is landlord duty to obtain NOC for opening preschool in residential complex
2)the tenant had no business in carrying on renovation or installation of CCTV cameras etc without receipt of NOC from society
3terminate leave and licence agreement for non payment of rent . file eviction suit against her before competent authority
4)if wife does not vacate inspite of court orders you can take out execution proceedings and with police assistance evict her
According to law is it Landlord’s duty or Tenant’s duty to get the NOC from the Society for opening of Pre-School in Residential complex? The Tenant lady and her husband are trying to threaten me by involving a Shivsena (Political party) personnel for paying the compensation for the expenses they have made for structuring school,
It is the duty of the landlord to ascertain whom to give the property on rent and for what purpose.
The tenant will occupy the premises only on assurance and agreement, even it is oral, given by the landlord and the tenant cannot forcibly occupy the premises without the consent of the landlord.
As a landlord, he should have obtained permission from society before letting out his premises on rent for the purpose of running school.
The tenant has no rights to seek the permission of society for running this.
Now since this permission has been refused by society, the landlord has to issue notice to the tenant to vacate.
Since it is his fault, now he may negotiate with the tenant for compensating to certain extent for the expenses incurred by the tenant and should get rid of this menace instead of stretching it into long fought legal battle.
Especially if this goes to court, it may get stretched too far, by one or the other party preferring appeal etc.
When considering the litigation expense, lawyer's fee, time energy, and mental tension, it would be better to dispose the matter by a compromise with the tenant.
Think wisely and take a proper decision at a right time.
tenant will have to file suit for damages to claim compensation from you