I am a tenant in mumbai paghdi system building. Staying with my brother. I am unmarried. My age is 55 years my brother is 52 years. My landlord stays with his family members in the same building. I and my brother had put several complaints against landlord in BMC Department Mumbai and BEST DEPARTMENT. Now my landlord has come to know through RTI About this. NOW he is after us. I and my brother own 2 different flats in cooperative society In Mumbai. Now wants the flat in which we are staying of which he is landlord back he says this number flat is lucky for him and has bonafied requirements 1) landlord showed us the leave and licence agreements of both the flats given on rent by us He got true copy of index 2and agreements from registrar office mumbai 2) we have made some minor alterations in flat without landlord permission i.e. shifted kitchen to living room. And made bedroom in original kitchen. He has shown us old building plans. Now he wants to come inside my flat and take photographs and measurements .but we did not allowed him inside 3) he has stopped issuing rent receipt to me. 4) landlord himself is having 5flats in the same building . All electric meter are in his family members name but outside name plate is of some unknown person. 5) can my commercial property given on rent leave and licence agreements also go against me 6)he was asking me to pay for outside repairs of the building but I strongly refused so he got more angry with me. 7) now he wants me to pay prevailing market rent of Rs 35000 per month or leave the premises What happens if he files suit against me. Are there any chance of winning for me do i have to pay him market rate my original rent is Rs 1200 per month Kindly guide in above matter.what should I do
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In event landlord files eviction case against you then you would lose the case as you have made alterations in flat without landlord consent
2) in addition you have your own flat which you have given on rent
3) amicable settlement with landlord is best option
Sir/Madam,
You are suggested to keep paying existing rate of rent and contest the case, if filed by him. It is also suggested that you don't accept any allegation of alteration of structure and say that it was done as per permission of land lord.
1.landlord has to prove his bonafide requirement for the premises presently occupied by you
2. saying that your flat number is lucky for him is no ground for need of premises on bonafide requirement
3. any additions or alterations of a structural nature made in the tenanted premises without consent of landlord and BMC is a ground for eviction
4. if landlord has stopped issuing rent receipts then pay him rent by money order in order to show your willingness to pay the rent regularly. If that is done the landlord will have no ground for evicting you for non payment of rent
5. a tenant cannot reside in commercial premises. So the fact that you have rented the same will not affect you
6. if the building requires repairs then the tenant is liable and bound to contribute for such repairs. With a meagre rent of 1200 per month you expect the landlord to do the repairs which would run into several lakhs of rupees!!! Use some common sense please
7. landlord cannot demand rent at market rate. That is clearly impermissible.
I am aware that earlier you had posted a query posing as a landlord. And now as a tenant!!!
Hi
1. If you have your own property then why are you staying on rent. He can also legally ask you to evacuate
2. You cannot alter the building without the permission of the landlord. He can complaint against you regarding this.
3. It is his right.
4. I think anyone can own as much property as much his pocket allows. If he have 5 flats than that is not illegal.
5. No, your property on rent will not go against you.
6. You may have to pay as you altered the building. He might file police complaint against you.
7. If he complains against you then there are less chances that you can win. Still you can try contesting the case as 1200 and 35000 rent is having a huge difference.
Thanks
Commercial property cannot be equated with residential property.
Let him file the case. Eviction suit will take years. And LL owing many flats so ground of bonafide will not sustain.
You need to contest the eviction suit filed by him on the merits. If not you need to vacate the houses with a mutual settlement
1. Typically & Legally, IF the Tenant owns any other Residential premises in the same City, THEN Tenant forfeits his Tenancy Rights, more so IF Tenant has made illegal & non-tenable repairs and alterations inside such Tenanted premises.
2. Yes. It is true that IF landlord files eviction suit based on above grounds, THEN he will get positive order in his favor.
3. Better to settle amicably, since legal disputes will be real costly, time consuming and remote chance of winning by Tenant (in the described circumstances).
- As per law, alteration by the tenant , without the consent of the landlord is a ground of eviction. .
- Hence, the landlord can file an eviction petition on this ground for dispossessing you from the tenanted premise.
- Since , the landlord & you also having separate property to live and work, then for both of you, bonafide requirement will not apply, and further the lucking number is not ground as well.
- Further , legally the landlord has right to approach the court , for increasing the rent amount as per the standard prevailing rate.
- If the landlord has stopped to issue rent receipt , then you can take plea that you have paid rent regularly , and it will go against him .
- You should sent him rent at the earlier rate monthly , to show your bonafide , and it will be an advantage for you , if the landlord filed any cases against you.
The Section 56 of the Rent Control Act, 1999 legalised the pagdi system when it said that the tenant or any person acting or purporting to act on behalf of the tenant to claim or receive any sum or any consideration, as a condition of the relinquishment, transfer or assignment of his tenancy of any premises.
The landlord could receive any fine or premium or other like sum or deposit or any consideration (refers to pagdi) in respect to the grant or renewal of a lease of any premises or giving his consent to the transfer of a lease to any other person. The pagadi kirayadar system assured the tenant that despite the price inflation or other fluctuations, the rent they pay would be normal.
Pagdi system is alike any other renting system that is prevalent across the world. This “pagdi-kirayadar” system was launched before independence in order to avoid paying excessive taxes to the British.
Under this system, verbal agreements played a major role in property transfers where in the tenants were given a slip of rent payment and further tenants made payments in full to the landlord.
If your landlord stopped issuing the receipt then you may send it by money order or bank transaction or you can even deposit the rent with the rent control court.
Let him issue a legal notice, which you can issue a reply notice denying all his allegations.
You can challenge his eviction suit in the court of law on merits and documentary evidences in your support.
Please contact local advocate for more precise guidance. This is not such easy to respond without knowing the facts.
1. No commercial property given on leave and licence will not go against you in this case.
2. You should have given your share for repair of building as you are also part of the building.
3. Let him file suit against you he cannot get eviction orders easily as you are paying rent regularly and he cannot ask you to increase rent amount by 3000% that is from 1200/- to around 36000
4. You should transfer the rent to account of landlord through online transactions.
If the Land Lord (LL) files eviction case against you (for his bona fide requirement), he is going to get orders in his favour for the reason that, both of you own flats and have let out the same for commercial purpose and receiving rents.
You have carried out alterations without permission of LL which goes against you.
Yes the property given by you on commercial rent goes against you, as you disclosed that he got relevant documents with him.
The best option is to get the issue sorted out amicably instead of going to court of law.
Your better deal will be with rent component, once it is settled you can coverup all the other issues during the such settlement and start afresh.