• Subtenant issue

I had rented out my property to a property management company for a months rental. he had agreed to pay the monthly rent but he has taken a statement from me stating that he has the right to sub let or lease the house.
He leased the house to a person and now the the property management company is absconding. He has not paid even a single months rent and the original contract between me and him is expiring in the next four months. 

However he had collects a sum of money from the people he had placed in my house and now they are demanding a huge sum of money from me to vacate the house. 

1. How can I evict the sun tenant from my house? 

2. Do I have alegal obligiation to pay the money?

3. The subtenant has been saying that he will rent the house to another person. Does he have any right to do so without my authority?
Asked 6 years ago in Property Law
Religion: Hindu

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17 Answers

1. Give a notice of eviction to the company and sub-tenant along with pending rent arrears. if on notice they fail to leave premises a suit for same has to be filed.

2.No you don't have legal obligation to pay the rent the company shall pay.

3.No he cannot rent house further you have not given him any such right.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

1. Since you had given permission for sub tenancy , the sub tenancy is valid. However as you have not received any rent you have a ground for eviction.

2. They have no legal obligations to pay you rent  if you have privity of contract with the original tenant only.

3. So without delay file a suit for eviction against the original tenant on the ground of default of payment of rent as well on the ground of bona fide requirement of the premises. 

The decree of eviction you get for the original tenant will be implemented against the sub tenant. 

Devajyoti Barman
Advocate, Kolkata
23653 Answers
537 Consultations

Is this sub letting clause in writing or just oral.

Since the main lessee is not traceable, lease deed is expired and for default in payment of rent, You are entitle to recover possession. Send notice.

You are not liable to make any payment.

Further sub letting good, valid ground to get order of eviction from court.

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

1) sub tenant cannot  rent house to third party without your consent 

 

2) on expiry of contract with property management company issue legal notice to sub tenant to vacate the premises 

 

3)it is necessary to peruse contract between company and sub tenant to advice further 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

No he doesn't have any right. You can send him a eviction notice. But how can a property management consultant keep a tenant without a contract with you and the tenant it's illegal. You can file FIR against that consultant too.

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

1) you must file a suit for eviction. 

2) you don't have any obligation to pay the wrong doer. 

3) my expert legal services are at your disposal. Kindly seek appointment with me at my office. [deleted]. ([deleted]

Netra Mohanchandra Pant
Advocate, Navi Mumbai
1590 Answers
5 Consultations

issue a legal notice to vacate the house within 15 days, if he failed to respond your notice then file a suit for eviction.
Notice is must. You can also issue a legal notice asking to pay the rent within specified days.

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

Hi,

You are suggested to send a legal demand notice to the property management company and its owners. The tenants from ask money from the property management company. The sub tenant may not give the house on rent to other person. 

Ganesh Singh
Advocate, New Delhi
7169 Answers
16 Consultations

1. Send a legal notice to them for eviction 

2. No, you do not have any duty to pay them money. They must have entered into a contract with the 

property management company and they can claim their right against them only. 

3. Yes, if it is not written that your permission is required before sub-letting then definitely he can rent without your permission

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

You have to send legal notice to the sub tenant and the Asset Management Company and then file eviction suit on the ground of default in payment and need

Vimlesh Prasad Mishra
Advocate, Lucknow
6851 Answers
23 Consultations

A fraud has been played upon you by the tenant and hence you are not liable to pay to the sub tenants. After the contract comes to an end you can evict them.send them a notice in this matter.

Regards 


Also file a complaint for extortion and blackmail in case they try strong arm tactics.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

1. You have to file a petition for eviction of tenant before the Rent Controller.

2. You are under no obligation to pay the money which you have not taken. 

3. Sub-lessee cannot lease property further in the absence of an agreement between you and him. To stop him from creating third party rights in the property you may file a suit for permanent injunction against him in the competent civil court.

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

Issue a notice to the company and those who are in tenancy to pay the outstanding rent and vacate.

If you are interested to talk my number is available in google. 

Regards 

G.Rajaganapathy 

Lawyer 

High Court of Madras 

Rajaganapathy Ganesan
Advocate, Chennai
2300 Answers
8 Consultations

1.  You issue  a legal eviction notice to the original tenant and copies endorsed to the sub-tenant for default in rental payment.

2. No, you do not have to pay any money to the tenants or even sub tenants.

3..  He cannot threaten you that way before that yo may issue a legal notice to him on his such acts and obtain an injunction against him through a civil court.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

Dear Sir,

You can terminate the rental agreement on the basis of any of these grounds. If you have mentioned any kind of notice period in the rental agreement in that case you have to infirm your tenants accordingly. Post that period your tenants have to vacate your apartment.

The eviction of your tenant legally will be governed by the lease that has been signed between you and your tenant. Most of the lease agreements have a clause of notice period of 1 month from either sides to vacate the premises.

To begin the legal process of eviction, you may send a legal notice to the tenant and even after that he does not vacate the house, you have the option of filing a suit for eviction against your tenants on the ground of bona fide requirement under the Rent Cotrol Act.

 

Netravathi Kalaskar
Advocate, Bengaluru
4951 Answers
27 Consultations

1. Please file an eviction suit against the tenant and the sub-tenant at the proper court through a local lawyer, after serving them legal notices first. 2. No, you do not have any legal obligation, whatsoever, to pay the money demanded. 3. No, the sub-tenant cannot again sub-let the property.

Swaminathan Neelakantan
Advocate, Coimbatore
3070 Answers
20 Consultations

  1. As per the information mentioned in the present query, makes it clear that you have done something which is not legal as per law by giving the statement in writing (I am presuming as it is in writing otherwise it will not have any affect or binding on you) for subletting the property as this is not permissible in law.
  2. But, as you have done already, there is a way to come out of that, but surely the Now tenant cont even think of further letting it to someone else.
  3. As they are also on monthly rent but the same has been given to your first tenant, you will have to serve the present tenant a legal notice for vacation Inder section 106 of Transfer of Property Act within 30 days as you do not have any written agreement with the present tenant and the actual tenant has absconded.
  4. Then you may have to file a suit before the rent controller for eviction to avoid paying huge amount to the present tenant.

Sanjay Baniwal
Advocate, South Delhi
5477 Answers
13 Consultations

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