Property related issue - property management through a stamped agreement
1 year ago
Hi guys I’ll explain one case please let me know what is the possibility or probability of winning the case.
Suppose Mr A & Mr B is cowners of one flat and Mr A rent out the property to the property management through a stamped agreement but here Mr B have not signed anywhere in the document. Basically it’s a agreement between Mr A and property management and that property management have not taken any consent or approval from Mr B(in fact property management doesn’t even know that property has two owners so it only entered for agreement with Mr A) Now that property management sub let the house to Mr. C for lease and taken lease amount from them, but since the day they property management have placed a tenant, property management haven’t paid the rent nor security deposit to Mr A, when Mr A went to talk to Mr C (sub tenant) regarding not receiving rent nor security deposit, Mr C filed a case against property management and Mr A and after sometime due to default from property management regarding monthly rent, many owners are filed a complaint against property management and now that case against property management is going on in CCB and the probability of property management settlement money to owners and sub tenants are very very low. So please tell me what all the options available for following:
1. What action Mr B can take ?
2. What option left for Mr C ?
3. Does Mr A and B have any obligations to settle amount to sub tenant ?
4. Can Mr B take the possession of the property ?
Note: Mr A haven’t received any money from Mr C and No rent received from property management from more than year and neither a security deposit.
No concrete opinion can given unless relevant records are seen. Even otherwise a piece of judgment is a document of appreciation of evidence and such findings may differ from one judge to another judge as such nobody can presume what will be the result of a civil case.
1. Mr. B can file a case against Mr. A for renting out the property to the property management company without his consent and signature.
2. Mr. C may file a case for the same, but since the contract is invalid (as it was without the other owner's consent), the court might not consider it.
3. No, Mr. A and Mr. B do not have any obligations to settle the amount to sub tenant, as not them, but the property management company has sub let the house.
4. No, as the case is still going on.
2. Mr C. can fight the case in court to seek his right of tenancy once the payment has been made but there is a caveat that since the agreement itself is not valid so it depends on the court to resolve this.
3. No
4. Depends on the case that is going on
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