Illegal occupation of parking space
Dear sir, my parents stay all alone in their self owned apartment in Kolkata .2 years ago, they rented their parking space to a neighborhood lawyer.no paperwork or agreement was done and the rent was on mutual agreement. For the last few months, this lawyer has stopped paying any rent for the parking space and is also not vacating the space.
The lawyer says his car got damaged due to some debris that fell from a nearby building on his car and to recover his repair costs, he stopped paying rent.
Being helpless, my parents agreed to that and requested him to at least vacate the parking space. The lawyer agreed but has till now not vacated the space and keeps on pulling one excuse after another.
What are their options?
Asked 2 months ago in Property Law from Kuwait
has society been formed of residents?
2) your parents can complain to secretary of society against neighbour for parking his car in ther parking space
3) file police complaint against the lawyer for refusing to remove his car
4) as and when lawyer takes his car out of car parking lot your parents can park their vehicle therein
when he is not paying rent he shall be treated as criminal trespasser, he cannot claim any right and a criminal trespasser has no right of damages because he is not authorised to use that space. you should paste a notice in the conspicuous part of the parking space and preventing any person to use it. thereafter you may file a case under section 145 crpc before the deputy collector or give a notice to the society.
1. Did your parents issued any rent receipt to the said lawyer?
2. It was a blunder for them to have rent the lawyer the parking space without executing any document.
3. The lawyer is absolute wrong in her demand for not paying the rent for the reason that debri had fallen on his car since your parents are not the caretaker of his car.
4. If no rent receipt has been issued by your parents to him, file a police complaint for illegal occupation of your garage and if rent receipts have been issued to him, file an eviction suit for eviting him.
First of all it is illegal to let out parking space on rent to a third person, though many people do it out of greed for money.
Now your parents cannot issue legal notice also stating that they have let the parking space on rent since it is is illegal. However your parents can issue a legal notice stating that he was temporarily allowed to park his car in the space meant for them and since they wanted it for their own purpose, he is instructed to vacate the space and handover vacant possession.
A suit aso can be filed on the same grounds if he is not agreeing to vacate for ejecting him from the illegally occupied parking space.
He cannot stop paying the rent due to the damage to his car from the debris of somebody else's house. Tell your parents to file a suit for eviction against him whereupon the court will throw him out.