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Pagadi Rent Tennant Rights

samsonven - Member Since: May 2011
Subject - Pagadi Rent Tennant Rights
My father had purchased a pagadi rented house before 20 Years and died recently in the first week of march of heart attack.
Iam the last son of my father we are total four brothers but iam only staying in house my brothers had left 15 years back to there own houses which they purchased.
Now the owner of the building is not accepting rent from me and wants me to vacate, I have send money orders twice and he has refused accepting it then I had sent him cheque with advocate notice that also he had not accepted.
In return he has put lot of wrong allegation on me for not accepting the rent.
If I approach the court will I win the case or not.
Because I have the solving the cases are very lengthy it takes years of fight and lot of expenditure paying the advocate.
I have started deposting the money returned by money order in a bank will this help me.
What happens he never accepts rent and if the building come down in other 20 years can i file a case or should i do it now.
advocate_sroy - Member Since: Nov 2009
Subject - Re: Pagadi Rent Tennant Rights
Hi Sam... I do understand that you have a very strong case.

If you have stayed in the rested house for around 20 years then it is very much likely that you have easement rights to enter the rented house.

Firstly, you need to be sure as to what are the documents you have relating to the rent. As the matter in question relates to tenancy hence, the document (rent agreement) is not necessary required to be registered as per the Registration Act.

Secondly, if your landlord doesnot accept the rent, you can deposit the rent to the rent commission favouring your landlord. Through this way the landlord cannot evict you on grounds of non-payment of rent.

Thirdly, you need to consult a good lawyer who will gide you regarding this case. I do understand that in the Indian courts rent matters take a long time to be solved, nevertheless this should be a boon for you as the landlord cannot evict or demolish or re-build the existing building before the case is over or till the time both parties reach to a settlement.

Forthly, there are lawyers at Maharashtra who deal with such cases every day and I am pretty sure that their fees would not be a hefty charge on your pocket as because the rent revision arrangement in your rent agreement is 20 years old. So you will have to pay more for a similar accomodation at a new place if you leave your current accomodation.

Hence, I would advise you to get in touch with a lawyer and iniciate a case on the landlord a.s.ap. for change of name of the tenant and you can deposit the rent to the rent commission. If you do this exercise then you will not be a defaulter of rent and the landlord cannot evict you. Also, in your petition you can include that due to this harresment caused by the landlord you are forced to take legal steps and all such legal cost shall be paid by the landlord.

Hope your query was answered.

RoyS
Shah Viral - Member Since: Sep 2008
Subject - Re: Pagadi Rent Tennant Rights
Totally agree with advocate_sroy.......

 


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