Landlord not accepting the rent!! Landlord not accepting the rent!!

2 years ago

Hello, My mother owns a pagadi system 1RK(Basically on a terrace) in a 2 - storey building situated at Kopar - Dombivli. We never accommodated(but kept subtenant once for approx 1 year) and the room is vacant. We had paid rent till the year 2019.The key of the room is kept by landlord. The landlord refuses to accept the rent thereafter stating that there is structural damage(like flooring and leakage) and need to be fixed. Although earlier he assured us not to renovate since there is reconstruction plan of whole building( by some builder) soon, but due to Covid-19 the plan got delayed. I had a query that is it our's(owner) responsibility to maintain/upkeep the room or landlord?? And what further actions should be taken by us so as not to lose the possession since we haven't paid rent from 2019??

Anik

Responded 2 years ago

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A.Hi,
Usually, all the minor issues like leakage, fixing of minor structures like bathroom fittings etc are usually handled by the tenant except certain major structural changes like changing of tiles or breaking down of walls to fix the pipes etc. You have also mentioned that there was a plan in place which got delayed, since the landlord himself asked you to refrain, it is the duty of him to get the issues resolved. Since the key is lies with the landlord and the rent is also not being paid, the tenancy has ended and must be renewed.
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Abhimanyu Shandilya

Responded 2 years ago

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A.See the upkeep of inside of a tenanted premises is the responsibility of the tenant except major structural changes depending on the terms of the rental/lease agreement.
Since you have not paid the rent for a year that means the tenancy is kind of over and to renew that tenancy you will have to either execute a new agreement or start paying the rent to be accepted by the landlord.
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