under section 14 of Maharashtra rent control act it is duty of landlord to keep the premises in good and tenantable repair

2) if landlord neglects to carry out repairs tenant can issue 15 days notice to landlord and on his failure tenant can carry out the repairs and deduct the expenses from rent payable . the amount deducted should not exceed one fourth of rent payable .

1. You are enjoying the property and hence stop thinking who would contribute the expenses.

2. Though the person occupying the upper floor should bear part of the expenses, if he does not agree then do not wait for him The legal intervention may cost you both time and costs.

3. I would advise you to carry out the rapiers on your own. 

The landlord is responsible and if he is not doing anything file a complaint with the BMC that your building is dilapidated and the landlord is not concerned about the lives of the tenants. Also send a legal notice to the landlord that criminal and civil liabilities would follow if anything happens.

You can contact bmc. Actually due to less rent landlord can't maintain. Tenant uses the property in throw away price but when it comes for repairs he points out landlord. That's the vicious circle in such properties

Hi

Yes landlord is responsible for the structure 

1. The landlord is liable to carry out the repairs, but be practical in your approach. As the architect has already told you that the above floor can cave in, it is imperative that instead of getting entangled in legal battles you should repair it.

2. After you carry out the repairs you can serve a legal notice to the landlord and seek recovery of expenses from him.

I have gone through your facts of the case and read your issues carefully which indicates that it has to be addressed urgently as follows. 

1-The relationship between landlord and tenants are of licensors and licensees whereby licensed property is owned by landlord and used,occupied by the tenants. 

2-The taxes, structural changes and major repairs are the subject matter of landlord while internal affairs and maintenance of the property is the subject matter of the tenants. 

3-The commercial shops which are being used by you was closed for quite long time and after opening you found and verified through an architect that it needs structural repairs. 

4-If it needs small painting work, ceiling plaster within your shop then the existing interior expenses would be taken care of the same by you. If large portions of ceiling in side of your shop is damaged and beams are cracked then it goes to the landlord and landlord has to get it repaired with prior intimations to Municipal Corporation in writing seeking permission for the repair work with architectural design and plan prepared by the authorized architect. 

5- If you do not get proper reply of repairing work of structural damage of your shop then Please issue a legal notice to get the work done within a week or two and after expiry of the period you carry out the work and claim it from the landlord or adjust it while paying rent  for the next period. You may have to move civil court and or small causes court which deals with the disputes of property rights, taxes,expenses and penalties between landlord and tenant. 

I hope you have proper remedy with you now to proceed with proper directions and course of action.

All the best .

Best regards. 

If the landlord denies to bear the expenses and also the upper floor tenant refuses to cooperate,  you may choose either of the options   i.e.,  to report to the local civic body about precarious condition of the building and to get their directions to the occupants including the landlord for getting it repaired or you issue a legal notice to the landlord and the other tenant explaining the condition of the building and the immediate need for renovation with instructions to carry it out and cooperate or to face the court of law if you file a recovery suit after meeting the expenses yourself. 

Thirdly,  if the situation is inhabitable,  then you may even decide to quit than to risk the safety of your life and damages to your valuable goods kept inside your commercial property. 

Landlord would be held liable for failure to carry out structural repairs 

if you don’t have funds ask tenants to carry out necessary repairs 

All the shareholders of the building will be held liable.

In the event of any such unfortunate event takes place as apprehended due to your acts of anxiety in the name of repair or renovation, all you people will be held for the legal consequences which may even by a criminal case against all those who supported this move.

Hence you were advised to inform the local civic body and take proper action as per law under the prevailing precarious inhabitable conditions.

If you do not get any relief from the local civic body also then you can approach civil court either for direction to the landlord or seeking permission to renovate the building.

Please approach AMC on your ward and make a complaint, in writing , citing all the details and disastrous facts in case of it is not repaired immediately. 

Even if  MCGM doesn't take action and fail to address your grievances then you will have to move to the Court for the relief. 

The landlord would be held liable but only if it is proved that you reminded him repeatedly but he didn't do anything.

Inform the local municipality about the condition so it declare it as dangerous building. 

It's the liability of tenant and landlord jointly

issue a 15 days registered notice through a lawyer and let get served upon the landlord.In case he does not pay heed to notice,you can carry out repairs and deduct expenses of repairs from proportionate rent payable to him . 

It is the Responsibility and Duty of the landlord . 

It is the Responsibility and Duty of the landlord . 

Dear Sir,

You are suggested to look for the relevant clause(s) for the same and accordingly, the action may be taken. if it is written that the landlord should repair the building, you may serve a legal notice and then file the case.  

Then write to BMC and serve a legal notice to the landlord.

1. No landlord is not liable for repair ceiling of your shop.

2. You can ask tenant above to share the cost of ceiling repair if it is falling because of his fault.