Property issues - I have purchased a flat in Virar
1 year ago
Dear Team,
I have purchased a flat in Virar (district palghar). Property possession date as per agreement was Dec 2019. However, due to legal disputes in the property land builder could not hand me over the flat on time. for the last two years, he gave me the reason for the delay was the Corona pandemic. In our last meeting, he agreed to pay rent if he fails to obtain OC and give me possession by 31 March 2022. Now by the end of Apr 2022, he agreed to pay me rent (possibly only rs 6000 to 7000). But he is asking me to bear maintenance for the flat. The problem is the building is not fully occupied and out of 24 flats, only 3 flats have been sold. If I bear maintenance from my pocket (which will be probably among 2000 rs). The deal is not at all beneficial for me. To purchase this property I had taken loan and now when after a wait of all these years when I am in the hope to get some profit out of it again builder is tricking me with maintenance.
Can you please guide me with the following facts:
1. If I sign this rental agreement with the builder will I be at any fault.
2. If the builder is renting my apartment (as he couldn't give me possession on time) who is responsible for paying Maintainance (builder or me).
3. what about electricity and water bills?
I don't see any risk in the rental agreement unless I have seen the agreement.
As long as you are not occupying the flat so the occupant should pay the maintenance.
Same as Maintenance charges
My answers are as follows:
(1) Ans: If you have not given any advance then enter into rent agreement and stay there.
(2) Ans: The tenant has to pay the maintenance.
(3) Ans: The consumer has to pay the bills.
Vaidehi Samant
Responded 1 year ago
A.1. If builder is signing out of his consent then then no reason for anyone else to have problem so no fault but get the leave and license agreement registered.
2. Subject to mutual discussion of agreement terms between the licensor and licensee. The bill will come in the name of the owner of the flat so whether the same should be paid by owner or tenant is decided between them.
3. Answer of point no. 2 also applies to water and electricity bills and municipality has merged water bill or water tax from around April 2021 of the whole society together so it doesn't come in seperate name of each flat owner. You can check from the municipal office or society managing committee if any formed.
Thank you.
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