Tenant and owner issue Tenant and owner issue

3 years ago

My father is having a property which is on rent to a government office from long time. They never gave rent on time plus they have delayed the rent from the month of November 2020 till now. And now they sent a letter stating that they will give rent only when my father will repair the house. They keep the property very dirty and had made it to worst position and now demanding such thing otherwise denied to gave rent. My father a senior citizen and is the only earning source of the family and he can not go to get the house repair this time as the property is in different state and pandemic is also there.
Is it legal what they have demanded? What can my father do for this? How should we go forward?

Tanmoy Chattopadhyay

Responded 3 years ago

A.Since you have not mentioned which state that property is located so the rent control act or premises tenancy act of which state would be applicable is not clear. Nevertheless what is also important is to find out if the property has been rented on lease or license. What would also matter is if the rent will be guided within the periphery of the tenancy act or transfer of property act.

Having said that kindly note that the tenant even if its govt is bound by its contract to pay you rent on time provided that you comply with your responsibilities as a landlord as per the agreement entered by both of you and also the relevant statute in vogue.

You have to be informed that most law permits the tenant to get the rent adjusted against the cost of repairing the property if the same is not done by the landlord upon serving of due notice to him.

Your inability in attending to the repair may prejudice your case of extracting the rent from them.

But that would not preclude you from suing them for damaging the property under the relevant laws.

How you want to proceed is now your discretion and a competent lawyer with sound domain knowledge can guide you in lodging a case and serving them with notices in this regard #freelegaladviceonproperty #property
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Anish Palkar

Responded 3 years ago

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A.We will have to see the agreement that you have made with the government office and accordingly. we can provide you the legal solution.

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Ayantika Mondal @ Prime Legal

Responded 3 years ago

A.Hi,
It is added to your knowledge that the tenant is not at all allowed to raise such demands in lieu of the payment of rent.
It is the tenant liability to maintain the property he rents.
You can file a suit against them.


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Anik

Responded 3 years ago

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A.Hi,
The tenant is allowed to raise such demands in lieu of the payment of rent. Further, the tenant is alose liable to maintain the property he rents. You are advised to file a suit against them.


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