• Rental premises issues with an Advocate

Hello Everyone,

My mother in law has rented out a property to an advocate without any agreement.. with 2 months rental advance.. the property is 3 storey building we’ve let out the property ground floor to the Advocate. The advocate has been running their office from past 4 months..we’ve not bothered so far how she has been utilizing the premises etc. However we’ve heard from other tenants that she is demanding and shouting unnecessary at them for no reason.. we’ve heard the same from the tenants and neighbours. 

In general all the electricity meter has been installed at ground floor.. for which we need to enter to their utility space for maintenance and current bills etc.. for which we’ve requested the advocate for giving us the key to enter the space to carry out the maintenance tasks. She(advocate) refused to give us the key or open the lock to carry out the maintenance tasks etc.. ans she kind of speak with my in-law in an arrogant tone and very callous attitude. So we’ve asked her politely to vacate the premises in a month as we don’t wanted to take up shouting issues in day in and day out. 

She asked us to clear the advance to vacate the premises..we said up on vacating the premises we shall pay her advance amount.. she said ok and after few days.. she is asking us to pay the renovation expenses spent on her office setup etc and demanding the amount to clear to vacate the premises. 

Kindly help us here to get out of the situation without any hiccups.. let us know the way to fight for justice. 

Regards,
Raj
Asked 4 hours ago in Civil Law

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2 Answers

Since there is no written or registered agreement, the law treats this as an oral lease operating on a month-to-month basis.

 

2) Your mother-in-law should engage a civil lawyer to send legal  Notice to Quit / Notice of Termination of Tenancy. This notice will formally ask her to vacate within 15 to 30 days.

 

3)You are under absolutely no legal obligation to pay for her customized office setup or modifications unless there was a prior written clause stating otherwise

 

4) Do not disconnect electricity supply or forcefully break the lock.

 

Ajay Sethi
Advocate, Mumbai
100585 Answers
8226 Consultations

 

Under Indian law (Transfer of Property Act), when there is no written lease agreement but rent is accepted monthly, it is legally treated as a month-to-month tenancy. This can be terminated by either party by serving a 15-day prior notice. 

Since there is no written contract authorizing her to renovate or stating that the landlord will reimburse her, she cannot legally demand this money. Legally, any permanent alterations made without the landlord's explicit written consent are considered unauthorized.

Preventing the landlord from accessing electricity meters (especially when they control the supply for the whole building) is a violation of the basic landlord-tenant relationship. It poses a safety hazard and disrupts other tenants.

The security advance is always refunded at the time of vacating and handing over the keys, after deducting any unpaid bills or damages. Never pay it upfront, or she may pocket the money and refuse to leave.

Do not rely on verbal conversations anymore. you can send a  whatsApp/Email Send a polite but firm message summarizing past events. You can state that you requested here to vacate the premises. .You can also state that regarding her  request for renovation expenses, you  never authorized any structural changes or agreed to reimburse any costs. Furthermore, you require immediate access to the ground floor utility space to check the electricity meters for the other floors. Please let us know a time today when you can open the lock." If she responds aggressively or denies access, you have written proof of her non-cooperation.

Subsequently need to send a formal Legal Notice for Eviction through a lawyer instructing her to vacate the premises within 15 days. 

If she shouts at your mother-in-law, threatens you with false cases or creates a nuisance for other tenants, you may lodge a complaint with the local police station for criminal intimidation and creating a public nuisance.  The police usually do not interfere in landlord-tenant civil disputes, but they will intervene if there is a law-and-order issue, harassment of a senior citizen (your mother-in-law), or public nuisance to neighbors.

Your immediate next step should be to consult a local civil lawyer who specializes in rent control and property disputes. Do not let her profession intimidate you, the law applies equally to lawyers, and courts look very unfavorably on advocates who abuse their knowledge to harass landlords.

 

T Kalaiselvan
Advocate, Vellore
90792 Answers
2523 Consultations

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