The 11 month lease expired on 31.01.2019. The tenant continued to stay in my house and transferred rent to my bank account for the months of February and March 2019. He has not paid for April and May 2019. On 22nd April he vacated the house but refused to hand over possession. Same day, he approached the court, filed the Suit for Permanent Injuction and obtained stay against forcible eviction. The court has given a date in July for hearing of the matter. I also filed a Suit for Possession. The house is now locked and decaying. The area has a big problem of termites, and unattended houses are severely infected. Till such time the case is finally adjudicated i) will I get rent? ii) who will bear the cost of damages due to termite, iii) will the tenant bear the cost of litigation?, iv) am I entitled to any compensation for the mental torture and harassment, and v) Can I not approach the High Court/ Supreme Court because the sense of insecurity in my mind (with feeling that some one can just lock my house and I cannot do anything except the legal battle which always takes pretty long for various reasons) has made my life hell for restoration of my life and liberty? I believe such act on part of the tenant is an encroachment on my Fundamental Right to life and liberty as enshrined in Article 21 of the Constitution. Thanks in advance for your response
First answer received in 10 minutes.
Lawyers are available now to answer your questions.
1)you would get rent till possession is handed over
2) sue tenant to recover damages due to termite infestation
3) you have to file suit for eviction against tenant , claim arrears of rent , rentals till possession is handed over
4)also claim litigation costs
5) you cannot file suit directly in HC or SC
I think you have not properly represented the suit, due to expiry of lease deed, tenant has lost the locus standi to file injunction suit. Mere receiving of rent dose not mean acceptance of continuation of tenancy. And another ground of eviction is non use of property.
Yes are entitle to rent till possession not restored. On the ground of non use, rent default, expired of lease deed, get the stay order vacate. File appeal agasint the order.
Tenant will bear cost of dilapidation caused due to lock.
No compensation but cost against frivolous litigation.
Approach HC under article 227 of constitution.
No violation of art. 21.
1. Apprehensively you fell for a racket by such tenants. You will have to bear with such nuisances and neither the tenant is legally liable for any damages to the tenanted property. The matter has to be adjudicated in the lower court and the higher courts do not have jurisdiction for such adjudication issues.
2. IF the L&L agreement was duly stamped and registered, THEN move application to vacate the stay order. IF court refuses to vacate, THEN move appellate court for the same.
You can claim all loss and damages including interest for delay and compensation for mental agony.
secondly issuance of injunction after expirey of lease is against law of lease which clearly states that on determination of lesse, the lessee is bound to put the lessor into possession of the property.
So based on this you can approach High Court for review of the lower court judgement/order. Or you can also go for appeal either in district court or high court.
You will get the rent in form of mesne profits till the actual date of possession. You can still request the court that care may taken to maintain the property in good condition if not then the tenant will be responsible for the same. He will be responsible to pay you rent for all the years the said flat being in his possession along with all the damages and litigation charges
1. Yes you will get the rent for the period, you can claim rent along with the damages from the tenant.
2. The court will award you litigation cost as per court standards.
3. No compensation though rent with interest may be granted.
4. See the nature of case is civil and high court and SC shall not entertain as the case below on same is pending.
You should have immediately filed eviction title suit against tenant before court or before SDO court and also raised mesne profits as well as rent from the tenant otherwise he will take please of adverse possession, then it will be difficult for you to evict the tenant.
The tenant has now threatened me to come back with his baggage to live in my house (probably with a view to cause hidden damages to the property), though he had vacated it on 22.04.2019 and has been staying in another house since then. He vacated my house on 22.04.2019 but did not hand over possession/ keys to me. Court granted him stay against forcible eviction. I have already told the court regarding his shifting to another house and suppression this material information from the court. My question is whether he has a right to come back to stay in my house in view of the stay granted by the court. If yes, what can I do to stop his again shifting to my house. The rent agreement expired on 31.01.2019, and he transferred rent for the months of February and March 2019 to my bank account without my consent. For April and May no payment has been made. The property is less than three year old. Please tell me which Act is applicable and cite a few case laws as finally adjudicated by a High Court or the apex court on such issue. I want to see text of the Haryana Urban Tenancy Act, 2018. If any one could share the link to that. Thanks in advance and regards
First confirm if it is rent agreement or lease or leave and license agreement. If rent agreement your scope is very less.
He can shift back to house as court has granted stay against forcible eviction
2) you have to seek orders restraining him from entering your house after he has vacated the premises
3) in addition file suit for eviction in trial court
1. You can file a petition before the same court to vacate the stay granted to him and seek its dismissal as well as direct the tenant to vacate the premises for the reason that he has defaulted the rental payment from the month of April onwards and also to direct him to pay the monthly rental amount till the disposal of the main suit.
2. Nobody can be held responsible for the damages of the proeprty during the pendency of the suit in the court since he has not been using the same.
3. The court may at the time of disposal impose cost of litigation if at all the case is decided in your favor.
4. You cannot approach high court or supreme court directly while the remedy is available only in the lower court. There is no human rights violation in this.
If you suffer mental agony on this then you may have to look for the remedies accordingly
You must understand the fact that he has not vacated the house yet, the house on rent is still in his possession and he has also obtained a stay agaisnt you by an order from court of law from forcible eviction. Hence there is no legal infirmity in he occupying the house again and continue his habitation in the premises once again. you cannot legally do anything to stop him from entering into the premises once again.
Instead you file a petition under Order XXXIX Rule 4.
The immediate remedy that is available to the opposite party in case of issuing temporary injunction without issuing notice, is under the provisions of Order 39,Rule 4, CPC which enables the Original Court to vary or set aside or discharge the ex parte order.
This Act may be called the Haryana Urban (Control of Rent and Eviction) Act, 1973.
The Haryana Government has approved the Haryana Urban Tenancy Act, 2018 to resolve the growing number of tenant-owner disputes.
With introduction of this new Act, rights and responsibilities have been fixed for both which would ensure quick resolution of the disputes and reduction in the number of cases in the courts.
you can pray for his eviction on the basis of expiry of the rent agreement and illegal possession of the same without paying the rent. if any penal clause is present he has to pay the rent as per that. he will be screwed ultimately as he needs to pay you the rent till he doesnt give you physical possession and that too along with interest.
If the order of eviction has been stayed by the appellate authority then you cannot evict the tenant unless you get the stay vacated. You strategy should be to ensure that the appeal is disposed of as early as possible in your favour.
Dear client
As you have not evicted your tenant forcefully then don't worry about the case it will be soon going to be decided in your favour.
For That you have to tender the rent agreement in the court and also the bank statement or your account should be submitted to the court for showing the transfer of rent and non payment of rent of last two months. It will help you alot for winning the case.
