1) you cna issue notice to landlord to carry out repairs
2) you can terminate leave and licence agreement
3) however you have to serve notice period mentioned in agreement
Can a landlord force to serve notice period for unfit property
We have been staying in rented apartment since last 6 months. Now due to rain we are facing leakage issue in house and roof of living area and bedroom has fallen off as it was made of false ceiling.We informed landlord and mentioned that we feel unsafe as we are not sure what may fall off next and will damage our belongings. The landlord is forcing us to serve one month notice and pay rent for the same. They have now agreed to pay rent for 22days.However in such a house it is very difficult to stay even for a day. Can we terminate the notice and take action against landlord?
Asked 6 years ago in Property Law
Religion: Hindu
11 Answers
Tenancy is terminable forthwith, you are not bound to serve notice period if LL do not renovate the structure today only. Go ahead.
You can vacate the premises in such conditions. If you want to stay and contest it will have lot of litigation involved. If you are ok with the same you can approach the Court
Hello,
yes you can terminate the notice on the ground of non habitable circumstances and dilapidated condition of the said building which has been given on rent.
Regards
See in such situation you can issue a notice of termination to the landlord on account the property is not safe and as the landlord doesn't give property in good condition and vacate it and give possession to landlord.
1. Yes, IF the house is not habitable and a risk to health & hygienic THEN you can leave the house immediately without notice period, by serving a proper legal notice to refund the deposit and other losses that you may have suffered for your belongings and medical bills.
Yes, if the same is dangerous to your goods lying in the house, your life or safety of your family (parents/kids or yourself), you have the liberty to terminate the same and also take action against him. In addition to this, you can claim the damage which has been caused to you or your goods, if any and the landlord is bound to pay the same.
if premises is unfit you can vacate and give possession to landlord, if he is not ready for repair or you can issue a legal notice to landlord for repair leakages.
You can inform the landlord about the unsafe conditions for the inhabitants to live in that house, and you also can warn him that if he is insisting on one month's notice, you would lodge a criminal complaint against him for forcing you to live in that house which is dangerous to your lives, hence ask him to return the advance immediately on the day you are vacating or face crimninal charges.
- As per the information mentioned in the present query, makes it clear that there is no agreement to rent under which the present situation can be taken care off.
- But, still even in the absence of the agreement, you can take legal action against him for not serving the notice and vacate the house and then approach the court of law if harassed by him.
- Reply to him written notice if any or otherwise also write him that he should have informed about the present leakage problem in advance as by not doing so he has achy cheated you.
No need to serve notice of one month to landlord.
Just serve him the notice that either make necessary repair or we are leaving the property on ground of danger to life due to fault in construction of property
