• Co-living company is defaulter of rent

Co-living company defaulter of rent for 9 months. Vacated the property by transferring 30% of 1 month rent, adjusting the 3 months security deposit towards 3 months rent and remaining months as waiver and repaired some damages but left uncleaned. The company signed with other properties and shifted the things there. All these are done without owners knowledge(owner is in abroad). The CEO of the company is not picking up owner call and only speaking to owner parents in threatening manner that if you don’t agree to our terms we will expose your property has violations of construction or if you file a suit. So owner parents agreed to their terms by just paying 30% of 1 month rent and not signed any agreements. Now the property is occupied by owner parents.
1. Can owner file a suit in future with/without unregistered lease document after his return from abroad?.
2. What are consequences when tenant bring up property violations in court?.
3. What will happen if owner wants to publish this news in media or newspaper ?. So that new owners will not get frustrated. 
4. Since he is defaulter of more than 8 months rent what are his chances to defend the suit?.
5. What if owner parent signed the NOC but they are authorized.
Asked 10 days ago in Civil Law

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5 Answers

Un registered lease deed is in admissible in evidence 

 

2) you can sue the tenant to recover arrears of rent 

 

3) don’t publish anything in media 

 

4) court would not go into violations of construction in suit to recover rentals 

 

5) contact a local lawyer 

Ajay Sethi
Advocate, Mumbai
79719 Answers
4806 Consultations

5.0 on 5.0

If the lease agreement is unregistered then its against owner case if you go for filing case in the court.

So if you an send normal legal notice and can able to settled 8 months rent outside the court.

First you get the possession of property in your hands all the keys and your belongs.

 

If parents are authorized and given NOC then no issue in this regards.

 

Henceforth kindly registered all lease agreement so you should face any further consequence along with the clause mention of nature law and pandemic situation.

Ganesh Kadam
Advocate, Pune
11745 Answers
114 Consultations

4.9 on 5.0

1.  The owner can file a suit for eviction even now from abroad itself by giving a power of attorney document to a close relative to conduct the case in his absence. 

You should not be carried away by the threats posed by the company, let them do whatever they want to including the complaint, that can be dealt with separately, but make sure that the company is paying you all dues and vacating the property since they turned out to be bad tenants hence they are liable to be evicted. 

2. They cannot approach court for violations in construction, if at all they have any grievances in this regard, they may have to approach concerned local civic body,m but they cannot do that now because they had been under utilisation of the said property till now or continue to use the same as a tenant, and now their complaint in this regard may not be entertained. 

Hence you dont be scared by such threats, you can ask them to proceed but be firm in your decision to vacate them.

3. Don't stretch your imaginations for committing such blunder mistakes, they would be of no use, it may not be advisable to resort to such unenforceable ideas. 

4. Why do you worry about his defence, instead you concentrate in your own prosecution based on the grounds you rely upon and be undeterred while prosecuting the case against him. 

5.  The parent of the owner may withdraw his statement for NOC mentioning that he was forced to sign such a NOC under pressure and coercion, further the authorization should be by a GPA deed and not on a plain paper to make it valid.

 

T Kalaiselvan
Advocate, Vellore
69750 Answers
951 Consultations

5.0 on 5.0

You need lease agreement to file case 

 

2) agreement is evidence that x amount was payable as rentals 

 

3) that tenant has defaulted in payment of rent and y is due and payable 

Ajay Sethi
Advocate, Mumbai
79719 Answers
4806 Consultations

5.0 on 5.0

1. The lease agreement is the basis for the proposed lawsuit,  hence think about alternative evidence. 

2. The oral evidence in this regard may not be maintainable,  you may have to establish the landlord tenant relationship. If the rental amount was paid through bank transactions then that may be considered as an evidence. 

3. You can first issue a legal notice restraining him from indulging in such illegal activities,  if he's not complying then you can proceed legally. 

4. In the same legal notice you can demand the arrears and damages. 

 

T Kalaiselvan
Advocate, Vellore
69750 Answers
951 Consultations

5.0 on 5.0

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