Flat owner using property under rental agreement for personal use

Question

Flat owner using property under rental agreement for personal use

Hi, I went into a rental agreement with a flat owner on 5th Aug'17 with tenancy in force for 11 months, unless either party sends a termination notice 1 month prior. On 15th Sep'17 the owner requested me to vacate the premises to accommodate some family members who contracted dengue. The property in question is 1BHK and I was asked to shift temporarily to a single room on the roof & rent adjustment was agreed upon. However, this was a temporary arrangement for a period of 15 days and I am on day 22 today, with owners not responding to multiple requests for allowing me to move back to the contracted property and I hear from caretakers that they intend to stay here for 10 more days. I have information that there is marriage in their house, which is nearby and suspect their prolonged stay.

Our contract clearly states as on Pt.6 "The Owner shall allow the tenant peaceful possession of and enjoyment of the premises during the continuance of tenancy provided the tenant acts up to the terms of this agreement of tenancy"

I have fulfilled my terms and paid my dues, in addition to acting in good faith and helping the owner. I feel I'm wronged more than anything else and have been discriminated upon since I'm a bachelor (it was clearly stated before that since I'm a bachelor, they came to us, as their other flats have families & they did not want to disturb them).

What should be the strict course of action going forward?

Asked 8 years ago in Property Law

Religion: Hindu

Answer 1

Well, it is really unusual that the landlord is forcefully using this proeprty removing the tenant himself.

So if your belongings are still in the room then make a final request to the landlord or the person occupying the premises to allow you to stay in the premises.

if it refuse then forcefully enter and start rsiding there.

Since you have a valid agreement and belongins in the rented proeprty you can alwasy make littileforce to remeter and start resdijg there.

Otherwise wait till they vacate it at their whims.

Devajyoti Barman

Advocate, Kolkata

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Answer 2

1) issue legal notice to landlord to terminate leave and licence agreement

2) mention that you have been deprived of possession of flat taken by you on leave and licence basis

3) mention that you were forced to deliver temporary possession to landlord as his relatives wanted flat for 15 days but till date you have not been placed in possession although 22 days have elapsed

Ajay Sethi

Advocate, Mumbai

99787 Answers

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Answer 3

Hello,

You must immediately issue him a legal notice claiming some compensation for the same, after which if he does not reply then as per law you are required to file a summary suit (but that will take a lot of time and money).

it is advised that as of now you send him a legal notice, also you may inform the police for such fraudulent behavior done by the landlord.

Regards

Anilesh Tewari

Advocate, New Delhi

18103 Answers

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Answer 4

Insist your possession in the contacted property is immediately restored. If the needful isn't done, seek refund of your security deposit and advance rent and search a new promise to be taken on tenancy

Vibhanshu Srivastava

Advocate, Lucknow

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Answer 5

Hi, you can file a suit for specific performance against the owner .. In addition you can also ask for the damages in regard to mental and physical harassment

Hemant Chaudhary

Advocate, Gurgaon

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Answer 6

You talk to the owner about this and express your grievancs to him on this.

If the owner if not responding to this you may issue a legal notice asking him to evict the unauthorised occupants in the house rented to you.

You can retain the rent also for the same reasons.

T Kalaiselvan

Advocate, Vellore

89989 Answers

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