1) issue husband legal notice to vacate the premises
2) surrender PG licence if it is in your name
3) if husband refuses to deliver possession of premises file suit for eviction against your husband
How to make my husband pay rent to my property being used by him
Hello I am in an unusual problem and need legal advice on the same I own a house which was gifted to me by my mom 3 years back in which my husband is running a PG from past 6 yrs...all these years we had a rental agreement and he used to pay me rent for running the PG..from past 1 year due to some dispute btwn me n my husband he is stopped paying rent...and refusing to give any money to me....also to bring to your notice that The rental agreement is lapsed last july which he is not renewing also And without my knowledge he has made the pg trade licence (which is valid for 1 year) in my name. I want to know what action i can take so that i can take things in control in my hand and make him pay the rent or vacate the premises ... Is there anything I can do that he is legally abided to pay rent to me...inevitably whatever happens.. Plz help U can send mail to my email id [deleted]
Asked 4 years ago in Family Law
Religion: Hindu
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15 Answers
If you made rent agreement file eviction suit
If leave and licence agreement, put a lock at the main door . It will revoke the agreement. Take possession of the flat.
Dear Sir/Madam
Get issue a statutory legal notice u/s 106 of transfer of property act to pay the arrears of rent and to vacate .
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Section 106 in The Transfer of Property Act, 1882
1[106. Duration of certain leases in absence of written contract or local usage.—
(1) In the absence of a contract or local law or usage to the contrary, a lease of immovable property for agricultural or manufacturing purposes shall be deemed to be a lease from year to year, terminable, on the part of either lessor or lessee, by six months' notice; and a lease of immovable property for any other purpose shall be deemed to be a lease from month to month, terminable, on the part of either lessor or lessee, by fifteen days' notice.
(1) In the absence of a contract or local law or usage to the contrary, a lease of immovable property for agricultural or manufacturing purposes shall be deemed to be a lease from year to year, terminable, on the part of either lessor or lessee, by six months' notice; and a lease of immovable property for any other purpose shall be deemed to be a lease from month to month, terminable, on the part of either lessor or lessee, by fifteen days' notice.
Against forged license can file police complaint against him. And if you have payment proof, and lapse rent agreement, you can file eviction suit in court. As you will file suit, court will order to make one year payment and regular payment every month.
Send him 15 days legal notice for eviction.
Greetings!
Since You both are legally wedded husband and wife then y disputes.
Firstly send him a mail / msg informing the facts and to renew the agreement as its lapsed and wait for a return response that contains the evidence in the eye of law,
If suppose you dint get any response then can approach a local lawyer of your area and explain him the facts and ask him to issue a notice for eviction each will be sent in 3,
Lastly you can approach court by filing an eviction suit against your husband .
Note: before approaching a court try to resolve the issue amicably by discussing each other if the matter gets worst and you feel that it cant be resolved then lastly you can take the step of filing a suit.
You can get him evicted by filing eviction suit against him
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) will come down for settlement.
See you can give husband a notice for eviction and handing over of possession along with the rent arrears if he fails you have to file suit to get possession of proeprty and get rent arrears.
See have to file suit for same if he denies.
If you did not authorise to apply for the trade license then you can apply to the issuing authority to cancel or revoke the same.
If your signature was forged while applying the same you can lodge complaint with Police to register FIR on this account.
You can then file a suit for eviction of the premises on the ground of default of payment of rent.
1. The remedy in your hands is to either file a suit for recovery of rent or eviction of your husband from the premises in the competent civil court,
2. Firstly serve a lawyer's notice to him.
You should move court and seek permanent injunction directing your husband to vacate the premises.
You should send him a legal demand notice for pending rent or vacate the premises along with his belongings.
After that you can file eviction suit against him in ground of non payment of rent.
You can also file complaint against him for making trade license on your name without your knowledge.
Since the PG licence is in your name, you can give an application to the concerned authorities requesting them to cancel the same and you may surrender the licence certificate.
You may issue a legal notice to yor husband instructing him to vacate the premises since he has not paid the rental amount neither renewed the leased agreement
After that you can drag him to the rent control court for relief.
Contact a local advocate and proceed on the advise received.
- As per law, your husband has no right over the said house , as it was gifted to you by your mother.
- Since, your husband is running PG and stopped to paying to you , then you should firstly approach the concerned licensing authority for cancelling the Trade license , after mentioning all the facts in details with the ownership details as well.
- Further, issue a Legal notice to your husband after narrating , that you are no more interested to renew the Rent agreement with him further ,and instruct him to handover the possession of the same to you.
- If, no response , then you can approach Court for eviction and also to the local police.
Dear Madam,
Get issue a legal notice to vacate the premises or else pay the rent regularly. It is your self acquired property through gift. Your husband has no right over it. Yours is a purely landlord and tenant relationship regarding.
