• 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 21 days ago in Civil Law

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8 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
100679 Answers
8233 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
90885 Answers
2524 Consultations

Dear Sir/Madam,

An advocate tenant has no special right to continue without your consent. Since there is no written agreement, treat it as a monthly tenancy and terminate it by a proper legal notice.

Do not forcibly remove her, lock the premises, or disconnect utilities. Her office renovation cost is not payable by you unless you had agreed to reimburse it.

Offer refund of security/advance at the time of peaceful handover after adjusting unpaid rent, electricity, and damages, if any.

If she refuses to vacate, file an eviction suit before the competent court. If she threatens or misuses her position, you may also consider a complaint with the Bar Council with proof.

Advocate Saurabh Agrawal

Saurabh Agrawal
Advocate, Greater Noida
211 Answers

Based on the facts stated by you, the absence of a written rent agreement does not mean that the tenant acquires any greater rights over the premises. A landlord-tenant relationship can be established through payment of rent, payment of the security deposit, possession of the premises, and other surrounding circumstances. Therefore, your mother-in-law continues to have the legal right to seek vacant possession in accordance with law.

The tenant cannot legally refuse access to an area containing electricity meters and other utility installations if such access is reasonably required for maintenance, repairs, or payment of electricity bills, particularly where those facilities serve other occupants of the building as well. If she is obstructing access to the utility area and causing inconvenience to other tenants, such conduct may amount to a breach of her obligations as a tenant.

As regards the demand for reimbursement of renovation expenses, the general legal position is that a tenant is not entitled to recover the cost of alterations or office fit-outs carried out for her own convenience unless the landlord had expressly agreed to bear such expenditure. If she voluntarily incurred expenses for furnishing or modifying the office without any written agreement requiring your mother-in-law to reimburse her, she cannot ordinarily compel payment as a condition for vacating the premises.

Since she has already agreed in principle to vacate upon refund of the security deposit, your mother-in-law should not refund the advance until vacant and peaceful possession, along with the keys, is handed over. At the time of vacating, a possession memo should be prepared recording that possession has been delivered, the premises have been inspected, the keys have been handed over, and the security deposit has been refunded after adjusting any legitimate dues, if applicable.

If the tenant subsequently refuses to vacate or insists on payment of alleged renovation charges, your mother-in-law should issue a formal legal notice terminating the tenancy, calling upon her to vacate the premises within a specified period and rejecting the demand for renovation expenses. If she still fails to vacate, appropriate eviction proceedings and recovery of possession may be initiated before the competent court.

Considering the disputes that have arisen and the fact that the tenant is an advocate, it would be advisable to avoid unnecessary verbal confrontations. All further communication should preferably be in writing through WhatsApp, email, or legal notice so that a proper record is maintained. If there is any apprehension of threats, intimidation, or obstruction, the local police may also be informed for preventive assistance, although they generally do not decide landlord-tenant disputes.

On the facts narrated by you, the tenant cannot legally insist that renovation costs be paid merely because she chose to modify the premises for running her office. Your obligation is ordinarily limited to refunding the security deposit upon peaceful vacation of the premises, subject to adjustment of any legitimate dues or damages, if any.

Yuganshu Sharma
Advocate, Delhi
1494 Answers
5 Consultations

She can’t demand renovation amount from you she can only get her advance back if she had cleared her dues 

Prashant Nayak
Advocate, Mumbai
35157 Answers
256 Consultations

Dear Client, Since there is no formal written rent agreement your situation is governed by the principles of the Transfer of Property Act 1882 and relevant state specific rent control legislation. In the absence of a contract is generally considered month to month legally you have the right to terminate this tenancy by issuing a formal notice to quit that is usually 15 days or one month depending on state laws in writing. Her demand for renovation expenses legally groundless unless you had a prior written agreement authorizing such work and promising reimbursement. Since she is an advocate, she may attempt to use her legal knowledge however you are not legally obligated to pay for any unauthorized improvements she made to her own office setup.

The Advocate’s refusal to allow access to the electricity meters is a significant point of leverage for you as this interference with your right to maintain essential services for the entire building. You should immediately send her a formal legal notice ideally through a different lawyer to maintain professional distance demanding access to the meter area and formally asking her to vacate by a specific date. In this notice explicitly state that the premises were provided in a specific condition and that no agreement exists for renovation reimbursement. This serves as a vital record that you are acting reasonably and provides you with the necessary documentation should the matter escalate to a court or local police station.

In order to resolve this without further conflict stop negotiating verbally and stick strictly to written communications. When she vacates, you are only obligated to refund the two month rental advance minus any unpaid rent or proven damages to the property beyond normal wear and tear. If she refuses to leave or continues to make unreasonable financial demands can file an election suit in the appropriate civil court. Avoid turning off utilities yourself as this could give her a basis to file a counter complaint against you. By maintaining a paper trail of your formal request and her unreasonable refusals you put yourself in a strong position to have her evicted through legal channels if she fails to cooperate. I hope this answer helps, if you have any further query kindly do not hesitate to contact us. Thankyou

Anik Miu
Advocate, Bangalore
11374 Answers
126 Consultations

Sir/Madam,

it is suggested that you are at a lower footing because of not having a written agreement. However, it is natural that you are expecting cool and calm behaviour towards your other tenants and access for elect meter/maintenance. The lessee irrespective of being anyone is expected to do the same as expected by you. The demand for renovation expenses are not accetable and no amount deserves to be paid to the tenant. The best ways to talk politely and come out of the odd situation by removing the tenant. 

Ganesh Singh
Advocate, New Delhi
7255 Answers
16 Consultations

Verbal requests have no weight in court. You must create a paper trail immediately. Hire an independent, experienced civil lawyer to send her a formal Legal Notice for Eviction

  • Address the Advancements: State clearly in the notice that the 2-month rental advance will be refunded at the exact moment she hands over the keys and vacant possession of the property, subject to utility bill deductions.
  • Reject the Renovation Claim: Explicitly state that no permission was ever granted for structural renovations, no receipts were provided, and you are not liable for her business setup costs.

Locking a landlord out of essential infrastructure like electricity meters is a serious violation. It creates a safety hazard and prevents you from managing the property. 

  • In the same legal notice, state that by locking the utility space, she is obstructing essential maintenance and preventing other tenants from accessing their meters.
  • State that if any electrical emergency, fire, or short-circuit occurs because access was blocked, she will be held solely criminally and financially liable for damages to life and property. This puts immense legal pressure on her.

If she ignores the legal notice and continues to threaten or squat on the property, you have a powerful tool that affects her career:

  • You can file a formal complaint for Professional Misconduct before the State Bar Council where she is registered.
  • Advocates are bound by strict rules of conduct. Using their legal status to illegally occupy property, threaten landlords, and demand extortionate "renovation costs" constitutes moral turpitude and misconduct. The mere threat of a Bar Council complaint often forces misbehaving lawyers to settle and leave quietly.

 

Yusuf Rampurawala
Advocate, Mumbai
7977 Answers
79 Consultations

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