• Landlord is asking to handover the property

Hi, i have received a notice from my landlord on 09.03.2020 saying that he would like us to handover the property to him. We have shifted to Vasai for the past 6 years as our family had expanded and there was no space in the house. We have been paying rent regularly till March 2017. After that the landlord has refused to accept the rent and refused to talk about it as well. The said property is at Kumbharwada region of Mumbai. Right now the house is empty and we have kept a few storage items in it. We have the receipt of the cheque that he rejected for the year 17 - 18. And right now on the basis of non payment of the rent and not using the property he is asking us to vacate the house, how do we handle it
Asked 5 months ago in Property Law
Religion: Hindu

4 answers received in 10 minutes.

Lawyers are available now to answer your questions.

19 Answers

Send letter to landlord by registered post and enclose cheque for arrears of rent . Mention earlier also rent was sent but he refused to accept it 

 

start staying in rented premises 

Ajay Sethi
Advocate, Mumbai
76982 Answers
4621 Consultations

5.0 on 5.0

You should engage a lawyer and deposit rentals in court 

 

appear in court on date mentioned in summons 

Ajay Sethi
Advocate, Mumbai
76982 Answers
4621 Consultations

5.0 on 5.0

  1. First of all the counsel has to examine your tenancy agreement with landlord before advising you. 
  2. As far as his non-accepting rent, there must have been some communication between you and him. Record of such communication can be used as evidence in court to defend you and your interest. 
  3. As stated in 1), best advice can be given only after examining your tenancy agreement. I'm based in Mumbai/Navi Mumbai just as you are, so it should not be difficult for you to visit me with your tenancy contract for exhaustive consultation. ९८२०८९७८८४. (Nine eight two zero eight nine seven eight eight four)

Netra Mohanchandra Pant
Advocate, Navi Mumbai
1280 Answers
5 Consultations

4.4 on 5.0

Dear sir,

As it is the tenanted property and you have been staying there since very long and just because of space constraints you have moved out this, the builder will not have the authority to remove you. I will have to read your notice as well as the summon for further understanding. As per Maharashtra Rent control act you cannot be removed.

Regards,

Divyam Sheth

Advocate Bombay High Court

[deleted]

Divyam Jay Sheth
Advocate, Mumbai
4 Answers

Not rated

Not paying rent is different. You can pay now in court but keeping property without use, court will order eviction.

Appear on next date, take adjournment to file reply and start living in the property.

Yogendra Singh Rajawat
Advocate, Jaipur
20144 Answers
28 Consultations

4.5 on 5.0

Eviction suit is already filed by landlord against you

now you have to file your written statement within 30 days of receipt of court summons

this period can be extended by the court upto 90 days

you must also deposit the rent arrears in court alongwith 15% interest on the arrears to show that you are always ready and willing to pay the rent

you will have to properly deal with the ground that you do not use the premises. 

Yusuf Rampurawala
Advocate, Mumbai
5348 Answers
34 Consultations

5.0 on 5.0

this notice is starting process of eviction and your landlord will file a suit against you as he has given you legal notice to get the property and he have a valid ground that you have already moved to another place and you do not need that place along with their underground that this place is not sufficient for your family will not prevail since you are into default in rent payment since 2017 it will be good for him to take this. And clean the rent along with the interest an outstanding amount eventually you have very less chances to remaining the property but you fight the case on various ground.

Vimlesh Prasad Mishra
Advocate, Lucknow
6633 Answers
23 Consultations

4.9 on 5.0

Hi

 If you are not using that property and have not paid the rent or the landlord have not accepted the rent since past more than 2 years then why can't you remove you stuff from there.

Do not get into legalities. 

Remove your stuff and state the same in court on 27th.

Thanks 

Rahul Jatain
Advocate, Rohtak
4059 Answers
4 Consultations

4.9 on 5.0

- On the ground of arrears of rent , the landlord wanted to take possession from you of the tenanted house, and due to why he has sent you the said notice. 

- If , you want to continue to have the said house in your possession , and if the said notice is not a court summon , then you should reply the same after mentioning that , you have already tried to pay the rent , but refused by him , and even now you want to pay the same. 

- Further , if you have received the summons from the court to appear , then you should file Reply/Written statement within 30 days of receiving the said notice, otherwise court will pass its order in your absence. 

- Better to show  that summon to any local lawyer , under what section that has been sent to you. 

- Further, if you want to have possession of that house with you , then deposit the arrears in the court . 

 

Mohammed Shahzad
Advocate, Delhi
4180 Answers
43 Consultations

5.0 on 5.0

1. if you have kept the house vacant then I wonder why you do not want to leave this house.

2. Anyway if you are tenant and the landlord is not accepting rent then you can deposit the rent with the Rent Controller.

3. the landlord after terminating the tenancy can get back the property only after evicting you from the property in due course of law.

4. In course of such eviction suit you will have get enough opportunity to defence your case.

Devajyoti Barman
Advocate, Kolkata
20789 Answers
296 Consultations

5.0 on 5.0

He may file the suit for eviction on grounds of non usage . You deposit the regular rent in any postal account or bank account to prove your bonafide

Prashant Nayak
Advocate, Mumbai
20589 Answers
38 Consultations

4.4 on 5.0

Issue reply to the notice sent by the land lord bringing the fact of refusal to take the rent for year 2017-18.  

Cause your appearance in court on 27.02.2020 and contest the case on merits.

However, if you do not want to stay in the said premises, you better have a dialogue with him and address the issue amicably.

 

S Srinivasa Prasad
Advocate, Hyderabad
2507 Answers
8 Consultations

5.0 on 5.0

Your landlord is trying to build a Base for himself to file an eviction suit against you on the ground that you have stopped paying rent to him and may allege many other false grounds for eviction against you. You can deposit the same in the court by making an application to do so.

Mohammed Mujeeb
Advocate, Hyderabad
17332 Answers
11 Consultations

4.5 on 5.0

Consult and engage a local prudent lawyer for better appreciation of facts, analyse, guidance and proceeding professsionally.

Mohammed Mujeeb
Advocate, Hyderabad
17332 Answers
11 Consultations

4.5 on 5.0

1. As you are not paying the rent and property is not under your possession so you are bound to vacate the premises on non usage of property and non payment of rent. 

2. You should appear in court and explain that why you are not paying the rent and not using the property for residential purpose as it was rented to you for residence and not for storage purpose. 

Mohit Kapoor
Advocate, Rohtak
9322 Answers
3 Consultations

5.0 on 5.0

He can very well file an eviction suit against you for the said reasons.

Not occupying the rented premises physically is also one of the grounds for eviction.

If he has not accepted the rent then yo should have taken steps to deposit the rent before court or rent controller, whereas you have not paid the rent just because he refuse to accept the same way back in the year 2017, hence you can be considered as a defaulter in monthly  rental payments.

Therefore the decision by court may come in his favor only if he files an eviction suit even though you can drag it on for few years.

 

T Kalaiselvan
Advocate, Vellore
66984 Answers
884 Consultations

5.0 on 5.0

You first issue a reply notice denying his allegations in the legal notice he has issued to you and then await for him to file an eviction suit to face him in the court of law.

T Kalaiselvan
Advocate, Vellore
66984 Answers
884 Consultations

5.0 on 5.0

He must have filed a case in the rent control court. You have to show that you need the house.

Rahul Mishra
Advocate, Lucknow
9795 Answers
18 Consultations

5.0 on 5.0

Engage a lawyer and state your problems. You are willing to pay rent.

He has to show that he has a bonafide need then only he can evict you.

Rahul Mishra
Advocate, Lucknow
9795 Answers
18 Consultations

5.0 on 5.0

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer