• Husband not paying rent to wife

 I am in an unusual problem. ..i own a house which was gifted to me by my mom...from past 5 years my husband  is running a PG accommodation in my hse for which he was paying a rent of 60k...we had made a rental agreement also for the same.....due to some disputes btwn me n my husband  he is refusing to pay rent...from past 7 months he has not payed....no amount of talking. ..and trying to convince him has helped...
And also the rental agreement is lapsed in the month of april 2019 which he has not renewed
Now i am in deep troble...and i have few doubts 
1. A few ppl have told me that btwn husband and wife rental agreement is not valid...is it true
2. Can i give him a notice. ..to pay rent.... (we r staying in the same house....not seperated)
3. How can i make him to pay the rent to me....should i approach the local police 

Plz advice me properly so that i can take proper steps and safeguard my property 
U can contact me on my [deleted]

Thank you
Asked 28 days ago in Property Law from BENGALURU, Karnataka
Religion: Hindu

1. Since your husband is commercially exploiting your building and has converted a part of the building as PG accommodation, it is within your legal rights to have a rental agreement, which will be legal.

2. You can send a legal notice to him to recover the rent.

3. This is a civil matter and the best action is to serve on him a legal notice and thereafter file a suit in the competent civil court for evicting him from your premises.

Shashidhar S. Sastry
Advocate, Bangalore
2118 Answers
144 Consultations

5.0 on 5.0

1. It is valid if same is for business purpose.

2. See you can give notice for payment of rent and eviction from property.

3.you have to file a suit to recover the amount.

Shubham Jhajharia
Advocate, Ahmedabad
19368 Answers
76 Consultations

5.0 on 5.0

You can have a rental agreement with husband. You can send notice to that pg person to pay you rent or evict the place. You can file eviction suit against him

Prashant Nayak
Advocate, Mumbai
12939 Answers
23 Consultations

4.6 on 5.0

1) you can issue husband legal notice to pay rentals for running PG accommodation in your house 

 

2) if husband refuses ask PG to vacate the premises 

 

3) you are absolute owner of the house and your permission is necessary for PG to stay in your house 

 

4) you can also file DV case against husband seek court orders to direct husband to vacate house standing in your name 

 

5) seek protection order against husband 

Ajay Sethi
Advocate, Mumbai
66998 Answers
4045 Consultations

5.0 on 5.0

  1. It's erroneous position that the rent agreement is invalid. If the property is solely yours and not a joint property of you and your husband, then you can legally enter into any kind of agreement with him over it.  
  2. Now as the matter stands, you must file a Rent and Eviction suit against him. I'm prepared to plead this suit as your counsel (Advocate).
  3. Serving a legal notice upon him isn't mandatory. However, the legal notice may set things right and he may pay you the outstanding rent and evict peacefully, saving you the efforts of litigation. 
  4. Even the legal notice is to be served through me. 
  5. It follows from 3 and 4, that I'm willing to handle your case in toto (fully) and take it to it's logical conclusion. ९८२०८९७८८४. (Nine eight two zero eight nine seven eight eight four)

Netra Mohanchandra Pant
Advocate, Navi Mumbai
1104 Answers
2 Consultations

4.4 on 5.0

1. It would be grossly illegal to receive Rent from a family member (specifically Husband) who is staying in the same house. This would be also illegal under the Income Tax laws. IF the Agreement is made in name of individuals (Wife & Husband, staying together), THEN it is legally not enforceable, in any manner.

2. HOWEVER, the Wife is entitled to execute a agreement with a commercial entity (PG business name), even though the business is owned by Husband as Owner /Director /Partner ....

3. In the given circumstances, just simply issue legal notice business name, to discontinue PG business and vacate the premises of all the PG's. The business owner (husband) to come down for settlement.

Hemant Agarwal
Advocate, Mumbai
2430 Answers
14 Consultations

5.0 on 5.0

Immediately issue notice asking him to vacate and hand over the premises to you, as you are the owner of same. 

Mark a copy to the occupants (if possible) asking them not to pay rent to him.

You can ask for rent and also arrears of rent.

You can file eviction suit claiming for arrears of rent, damages for unauthorized occupation.

You can also take shelter under Domestic Violence Act, for abusing your rights i.e., monetary etc.

You may contact your local lawyer for further clarifications and guidance.

S Srinivasa Prasad
Advocate, Hyderabad
760 Answers
6 Consultations

5.0 on 5.0

agreement is valid. 

file recover of money suit  along with interest. 

you can also file Domestic violence against husband. 

 

 

 

Mohammed Mujeeb
Advocate, Hyderabad
10261 Answers
3 Consultations

4.5 on 5.0

Only for tax purpose else other wise agreement is valid. Issue 15 days notice for eviction.

You can call the police and oust him on the allegations of domestic violence and take over the management.

 

Yogendra Singh Rajawat
Advocate, Jaipur
13251 Answers
18 Consultations

4.6 on 5.0

Dear Madam,

When wife is entitled to hold independent property then why she is not entitled to claim rent. Just get issue a legal notice under section 106 of Transfer of Property Act and then file a suit for recovery of arrears of rent.

Kishan Dutt Kalaskar
Advocate, Bangalore
4438 Answers
112 Consultations

5.0 on 5.0

- Since, the said house is gifted to you by your Mom, hence you are the legal landlord/owner of the same.

- Further your husband is running PG and earning therefrom , and paying you a fixed amount from that income.

- Being a landlord/owner you can enter a rent agreement with any person including husband.

- As, there is some dispute between you and your husband , so you can cancel that rent agreement finally and take possession of the said house in totallity.

- Issue a Legal notice to him after narrating , that you are no more interested to continue the Rent agreement with him further and finally cancel the rent agreement through that legal notice and instruct him to handover the possession of the same to you. 

- Furhter, you should issue notice to the peoples .who ae staying in the PG, and instruct them to pay the Rent directly to the landlord/owner i.e. you.

- If, no response , then you can approach Court for eviction and also to the local police.

- If, your husband continue to harass you , then you should file the petition under domestic voilence act.

 

Good Luck and dont forget to rating positively.

Mohammed Shahzad
Advocate, Delhi
511 Answers
18 Consultations

5.0 on 5.0

No it is not true the rent agreement is valid because he is running business in that premises. 

Yes you need to serve him a eviction notice through advocate and if he doesn't want to vacate the house then renew the agreement and refund of previous dues should be demanded in legal notice

If he fails to comply with legal notice You can file eviction suit against your husband. 

Mohit Kapoor
Advocate, Rohtak
3598 Answers
1 Consultation

5.0 on 5.0

1.  There is no such rule or law that the rental agreement between husband and the wife is not valid, you have let out the premises for commercial purposes, hence he is liable to pay the rent.

2.  You can issue  a legal notice asking him to pay the arrears of rent and to vacate the premises since the rental agreement has expired.

3. Police will be of no help to this situation, you may have to approach rent controller court alone.

 

T Kalaiselvan
Advocate, Vellore
56740 Answers
705 Consultations

5.0 on 5.0

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