Non refund of lease amount and unpaid rent by caretaker
2 months ago
There is an agreement between Property Owner vs Caretaker agrees to pay the rent (Rs.11500/-) monthly in turn to lease out for a residential purposes and further rent is unpaid for 5 months whereas 3 months default rent leads to termination of agreement. However, in turn the caretaker given the property on lease (Rs. 6 lakhs) to a Tenant with an agreement that whenever it is vacated the lease amount will be refunded. Now the caretaker is vanished and not traceable, and the tenant is not getting the refund of lease amount. how to take back the possession of the house from the Tenant by the owner. The above-mentioned both agreements were valid until 5th Nov 2024 which was entered for 22 months.
A.In the context of a lease or rent agreement exceeding 12 months, it is mandatory to register the agreement under the Registration Act, 1908, by paying the necessary stamp duties and registration fees. In situations where the lease agreement does not explicitly permit the lessee to sub-lease the property, the agreement becomes ineffective. This lack of a direct relationship between the property owner (lessor) and the tenant can lead to difficulties in regaining possession of the property, especially if the tenant has sub-leased it to another party.
To address this situation, several steps can be taken:
1. Legal Notice: Serve a legal notice to the tenant, informing them of the violation and seeking compliance with the terms of the lease agreement.
2. Civil and Criminal Suits:
- Civil Suits: File civil suits seeking injunctions against the tenant for breach of the lease agreement.
- Criminal Suits: Consider filing criminal suits for trespass, especially if the tenant's actions amount to unauthorized occupation.
3. Rent Control Act:
- Disputes between tenants and landlords are typically resolved under state-specific Rent Control Acts.
- File an application before the Rent Controller or Additional Rent Controller to address grievances and resolve the issue amicably.
4. Legal Guidance:
- Seek guidance from a legal professional or advocate who specializes in property and tenancy matters.
- They can provide advice on the specific steps to take based on the details of your case and the applicable laws in your jurisdiction.
Addressing such situations may involve a combination of legal notices, civil and criminal suits, and utilizing the provisions of the Rent Control Act. Consulting with a legal professional is crucial to navigating the complexities of property disputes and ensuring a proper course of action.
To address this situation, several steps can be taken:
1. Legal Notice: Serve a legal notice to the tenant, informing them of the violation and seeking compliance with the terms of the lease agreement.
2. Civil and Criminal Suits:
- Civil Suits: File civil suits seeking injunctions against the tenant for breach of the lease agreement.
- Criminal Suits: Consider filing criminal suits for trespass, especially if the tenant's actions amount to unauthorized occupation.
3. Rent Control Act:
- Disputes between tenants and landlords are typically resolved under state-specific Rent Control Acts.
- File an application before the Rent Controller or Additional Rent Controller to address grievances and resolve the issue amicably.
4. Legal Guidance:
- Seek guidance from a legal professional or advocate who specializes in property and tenancy matters.
- They can provide advice on the specific steps to take based on the details of your case and the applicable laws in your jurisdiction.
Addressing such situations may involve a combination of legal notices, civil and criminal suits, and utilizing the provisions of the Rent Control Act. Consulting with a legal professional is crucial to navigating the complexities of property disputes and ensuring a proper course of action.
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A.Dear Client,
A lease or rent agreement for more than 12 months required registration under the Registration Act, 1908 paying stamp duties and registration fees. In the absence of any terms in the lease agreement permitting the lessee to sub-lease the leasehold property to others, the said lease agreement becomes infructuous. There is no direct relationship between the Lessor(Property Owner) and the Tenant either by contract or otherwise. Thus, in such a horrible state of affairs, the lessor or property owner has to face a lot of hurdles to get back the vacant possession of the property from the tenant who paid a bulk amount as an advance against the sublease to the lessee/caretaker who is missing. In the given scenario, serving a legal notice to the Tenant, both civil suits praying for an injunction and criminal suits for trespass may be filed against him. Further, a dispute between a tenant and landlord is resolved under the state-specific Rent Control Act under which a Rent Controller or Addl Rent Controller is appointed to deal with the dispute arising out of a rent agreement between the parties. You can also file an application explaining your grievance before the concerned Rent Controller to resolve the issue amicably. Reach out to an Advocate for guidance and steps.
A lease or rent agreement for more than 12 months required registration under the Registration Act, 1908 paying stamp duties and registration fees. In the absence of any terms in the lease agreement permitting the lessee to sub-lease the leasehold property to others, the said lease agreement becomes infructuous. There is no direct relationship between the Lessor(Property Owner) and the Tenant either by contract or otherwise. Thus, in such a horrible state of affairs, the lessor or property owner has to face a lot of hurdles to get back the vacant possession of the property from the tenant who paid a bulk amount as an advance against the sublease to the lessee/caretaker who is missing. In the given scenario, serving a legal notice to the Tenant, both civil suits praying for an injunction and criminal suits for trespass may be filed against him. Further, a dispute between a tenant and landlord is resolved under the state-specific Rent Control Act under which a Rent Controller or Addl Rent Controller is appointed to deal with the dispute arising out of a rent agreement between the parties. You can also file an application explaining your grievance before the concerned Rent Controller to resolve the issue amicably. Reach out to an Advocate for guidance and steps.
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