A legal notice should be sent to the party defaulting on the promises.
Harassment by flat owners, caretakers
We stay in 3 bedroom flat in Hyderabad Diamond Hills Colony, Flat owner stays abroad and flat is taken care by his brother and sister-in-law, Despite diligently fulfilling our obligations outlined in the rental agreement, we have been subjected to egregious harassment by the building care takers. The grievances include the continuous denial of basic necessities as stipulated in the rental agreement, such as the release of water, parking facilities for two-wheelers, and the freedom for guests to visit without objection. Furthermore, the building owner has neglected to maintain corridor lights, cleanliness in common areas, and has even restricted children from playing within the premises. Upon contesting these unjust objections, we have been met with intimidation tactics, including threats of legal consequences and ultimatums to vacate the premises within an unreasonably short period of seven days. Please advise what legal steps can be taken in this situation.
Asked 17 days ago in Property Law
Religion: Muslim
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8 Answers
Well, you are entitled to all the rights and amenities which your landlord is except right of voting. Now if you are deprived of the same then it is your landlords job to sort this out.
If he fails to do then you can either curtail the rent or quit this premises.
Best option is to terminate the agreement and take another flat on rent
2) you cannot be asked to vacate in seven days if your agreement mentions one month notice period
3) you are entitled to park your 2 wheeler in designated parking slot .water is basic necessity and cannot be denied by society
You have an option either to continue the tenancy by adjusting with the present humiliations or to vacate the rented premises.
you can even plan to issue a legal notice to the landlord to rectify the shortcomings or solve the problems faced by you due to their deficiency in service or not complying with the terms and conditions of the rental agreement.
But stopping with the legal notice will not solve your problem, you should approach court with a suit demanding direction to the landlord to rectify the defects as per the conditions of the rental agreement.
You can lodge a criminal complaint against the caretaker for the acts of threats and intimidation etc, additionally;
You can file a complaint to the Dy registrar against them. You can also approach consumer court against them for deficiency of service
Dear Client,
In your situation, it's essential to gather all relevant documents, such as your rental agreement, communications with the landlord or caretakers, and any evidence of the alleged harassment or breaches of contract. Present this information to your lawyer they can provide informed legal advice.
You can stick to the agreement and act as per the Notice Period clause.
- As per law, a tenant cannot be denied to the use of the said facility which the Society has provided to the owner, like common area , water and electricity etc.
- Further, both the parties of the lease deed/rent agreement is bound to comply the terms as mentioned in the deed.
- Hence, the said caretaker cannot dictate you for the same and to evict you on these grounds.
- If creating trouble then you can file a suit for Injunction before the court for restraining him from disturbing you or evicting you forcibly
- Further, you can lodge a complaint against the said caretake for threatening and creating trouble for you.
