Recently i stayed in one paying guest house in one apartment in chennai.paying guest owner has a legal agreement with flat owner.6 months back pg owner ran away with out paying 2 monthes rent.Then flat owner approached us and explained about situation..then we decided to stay in that flat with out agreement.. last month we vacated.now flat owner asking us that pending money from me..but we dont have any rental agreement.. now he is sending messages saying that i will file complaint if you not paying that pending amount. here my question is either any possibility with out agreement he wi file againt me..what i can do now
Asked 2 years ago in Civil Law from Chennai, Tamil Nadu
It was wrong to stay in the property without an agreement. Be that as it may, a criminal case for trespass will be made out against you only if the owner can produce evidence which can prove that you stayed in his property without an agreement and did not vacate it on being told to do so. He can recover the measne profits through a separate suit for recovery. Unless he files the case there is nothing you are required to do.
1) you are not liable to pay flat owner 2 months rent
2) you have not entered into any agreement with flat owner
3) agreement was between flat owner and PG owner
4) flat owner has to recover dues from said person who has absconded
The owner cannot file any case against you without agreement and also he cannot demand money for the defaulted payment kept as arrears by the pg owner.
If the flat owner is still demanding the money send him a legal notice to not to disturb you asking for money because it is not your mistake, he should approach the erstwhile owner only.