• Tenanted property law

My landlord is carrying out structural repairs to our building in which I own a shop. In my shop he wants to add 2 iron pillars to support the balconies. The contractor carrying out the work today entered into my premises without any information from him or the landlord's side and started digging up the floor. I am shocked. I am not even aware if all the necessary permissions are taken or not or if MHADA or BMC has approved the repairs. Infact, I was asked to shell out 50,000 rupees as my share for repairs. Also, its almost 6 months since I paid rent. Now how shall I pay him? Would money order be fine or is there any other way as well to pay? Pls. advise what shall I do???
Asked 4 years ago in Property Law
Religion: Muslim

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12 Answers

You can forward rent by demand draft along with covering letter

2) request landlord to furnish permission received from BMCfor carrying our repairs

Ajay Sethi
Advocate, Mumbai
87976 Answers
6207 Consultations

5.0 on 5.0

Landlord should mention period within which repairs would be completed

Ask contractor to give in writing that he would compensate you in case damage is caused to your shop

Ajay Sethi
Advocate, Mumbai
87976 Answers
6207 Consultations

5.0 on 5.0

file RTI application with BMC and obtain copy of sanctioned plans

2) you can sue contractor/ landlord for damages suffered by you

Ajay Sethi
Advocate, Mumbai
87976 Answers
6207 Consultations

5.0 on 5.0

Hi,

In this case, the landlord will pay for your damages. You may approach first via legal notice and get the rent adjusted in that.

Ganesh Singh
Advocate, New Delhi
6646 Answers
16 Consultations

4.5 on 5.0

1. If anybody has entered in to your shop/premises legally taken on rent from the land lord, then you should resist his/their such entrance without taking your permission and immediately lodge a police complaint against them.

2. If you have not paid rent for a continuous period of 6 months without the landlord's refusing to accept it, then he becomes entitled to file an eviction suit against you.

3. You can send the said rent amount through money order to him and keep record of his refusal to accept it, in case he so refuses.

Krishna Kishore Ganguly
Advocate, Kolkata
26614 Answers
726 Consultations

5.0 on 5.0

1.All these questions raised by you should have been taken care of before embarking upon the renovation activities by your land lord.

2. You should have resisted the entry of the contractor's labourers in your shop until the landlord executed an agreement with you detailing all the aspects in connection with the said renovation.

3. At least lodge a police complaint now blocking the construction and insist for an agreement as suggested above from the land lord.

Krishna Kishore Ganguly
Advocate, Kolkata
26614 Answers
726 Consultations

5.0 on 5.0

1. Stop the construction work now until the problem raised by you is addressed by the land lord.

2. Lodge a police complaint for unauthorised trespassing in to your shop.

3. File a damage suit against the land lord claiming the amount of current and future damage caused to you with cost.

Krishna Kishore Ganguly
Advocate, Kolkata
26614 Answers
726 Consultations

5.0 on 5.0

Dear Sir,

In order to redress your grievance you have to become full time litigant by saying goodbye to your business. Otherwise you may find out any other alternative suitable business premises on rental basis. Go to BMC and try to take an endorsement from them that either he has not taken permission for renovation or deviated from approved plan. Then approach to BMC and Court to get a stay order on such proposed renovation works. If it is not possible then be nice to them and get your work done at the earliest point of time.

Kishan Dutt Kalaskar
Advocate, Bangalore
6050 Answers
381 Consultations

4.8 on 5.0

The structural repair works being carried out by the owner without any prior information to is illegal In law.

You should have filed an injunction suit immediately against the owner and got the work stopped.

Even now you can do it.

You can send the rental amount by money order, if he refuses to receive then you can file a petition before Rent control court seeking it's permission to deposit the same in court by stating that the land lord's refusal to accept the same.

T Kalaiselvan
Advocate, Vellore
78133 Answers
1543 Consultations

5.0 on 5.0

You file an injunction suit and get all the work stopped by Court order.

This will make him to run around from pillar to post.

This may put pressure on him that he will come down for negotiation or compromise.

T Kalaiselvan
Advocate, Vellore
78133 Answers
1543 Consultations

5.0 on 5.0

You can sue the contractor for damages and also against the owner.

T Kalaiselvan
Advocate, Vellore
78133 Answers
1543 Consultations

5.0 on 5.0

All the question mentioned by have to be answered by your landlord and the contractor for construction and ask him to show all the documents related to construction. Also you can aks the landlord for compensation or to repair all the damages caused by the construction work

Anwar Zaidi
Advocate, Mira Bhayandar
231 Answers

4.5 on 5.0

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