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Anonymous

Posted 6 months ago

Dear legal team. There is a tenant in my father’s commercial property for over 20 years who has now not paid rent for over 5 years since my father fell seriously ill. The tenant is now demanding lot of money (market value of occupied portion of property) to vacate. The rent rate is also low amounts which was set many many years ago so it is not at today’s market rates. Unfortunately the rental agreement has been misplaced. Is there any law which can be used for eviction based on verbal rental agreement? What can be done in this situation? Also, is it not illegal for tenant to ask for money to vacate the premises and for the mental harassment of not willing vacate without giving them lot of money as ransom to vacate? What are the options to evict this difficult tenant?
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A. lodge a complaint for extortion against him. In the meantime, file an eviction suit for default and reasonable requirement. Contact a local lawyer from Vidhikarya
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ROBERT D ROZARIO Exp: 15 Year(s) Kolkata
Hi Sir/Ma'am, I am staying with my friend in 2BHK in Bangalore. Due to some issues my friend told me to vacate the house. And I have found the new house for me. The Deposit amount was 50,000/- and my friend took 25,000/- from me. He gave the full amount to Landlord and didn't tell that half of the deposit is from me. Now my question is, If my friend refuses to return my Deposit. What would be the legal formalities to take my money back?
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A. Facts not clear. Can you be specific about your situation. In whose favour the Leave and License agreement was entered? Was it executed jointly or singly as Licensee? Is there anything in paper of your handing over Rs 25000/- to your friend.
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ROBERT D ROZARIO Exp: 15 Year(s) Kolkata

Anonymous

Posted 8 months ago

When a SDM convert ipc 144 convert in 145 in a land dispute between two party
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A. Facts not clear. Can you be more specific about your situation. For your understanding Section 145. Joining or continuing in unlawful assembly, knowing it has been commanded to disperse.—Whoever joins or continues in an unlawful assembly, knowing that such unlawful assembly has been commanded in the manner prescribed by law to disperse, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.
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ROBERT D ROZARIO Exp: 15 Year(s) Kolkata

Shashank Malhotra

Posted 8 months ago

Hi, I rented a 3BHK house for running it as a Guest House. Since, societies generally do not give permission for running a Guest House, I signed the lease only after the owner took permission from the society. But on the first day of my occupancy, the owner called me up and told me that there was a miscommunication and that the society won't let me run a Guest house. She has returned my Advance rent and security deposit but she is refusing to bear the brokerage and other business costs which I have to bear because of her miscommunication with the society. Is there a way to claim this damage from her? The broker on the other hand is also refusing to return the money.
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A. Lodge a complaint with the local police station against the dealer (agent) for cheating and fraud.
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ROBERT D ROZARIO Exp: 15 Year(s) Kolkata
Dear sir, is it possible to opponent if i take stay from court , the stay from court can stop selling process (benama) of the shop or can a opponent break the stay by anyway?
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A. stay order is to be complied by both the parties. If anyone party to the dispute violates the terms of stay then the other party is at liberty to approach the court from where the stay order was pronounced for contempt.
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ROBERT D ROZARIO Exp: 15 Year(s) Kolkata

Pradeep Sharma

Posted 9 months ago

I m having a shop on rent from 60yrs and paying rent time to time...now the old owner is selling shop....what should i do for safe side i have only income source only that shop....if new owner will say to vacate ... Can i demand for money or what...please have a look in to it....thank you
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A. You're protected under the tenancy act as long as you continue to pay the monthly rent to incoming landlord. If your new landlord refuse to collect rent in hand then send it by money order. If refused to accept MO, deposit it with the rent controller.
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ROBERT D ROZARIO Exp: 15 Year(s) Kolkata

Reshma Kadam

Posted 9 months ago

We have shop in name of our late Father which was rented in 2015 by him for period of 3 years as mentioned in the agreement which has got over now. After the death of our father, elder brother started taking rent from the tenant for last two years and in between this periods he gave the rent to Mother for only 3 - 4 times. We asked the Tenant to vacant the shop as agreement with him is over , but tenant is not vacating the shop and also he has support from the elder brother. I want to know what step should we take to vacant the shop?
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A. since your elder brother is already collecting rent from the tenant, it will be difficult to evict the tenant as he is protected under the tenancy act. Ask your brother to stop collecting rent from the tenant. Thereafter give a termination notice on the ground of reasonable requirement.
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ROBERT D ROZARIO Exp: 15 Year(s) Kolkata
Sir/Madam, I gave Rs. 13800/-(Rs.-3800/- for rent & Rs.10000/- for deposit money) to my land lord before entering one BHK flat for rent .Now I want to leave the room and want to get refund money which is my land lord refuse to refund.He did not make any agreement with me.It was verbally said that both sides are obliged to inform about leaving the room two month earlier & all maintenance will carry out by land lord. On 05.07.18 giving the rent for for the I inform about leaving the room on 30.09.18 and August & Sept month"s rent i did not give him as I adjust from my deposit money. He took the advance rent for one month from me within 01-05 days for every month .Now I paid all electric bill up to the month & repair minor electric fault from my pocket.He now totally refused to give rest of money and force me to leave the within 15.09.18. Now I want rest of money to refund . He shows cause about maintenance though there are no bigger change or no any loss of the room . I also agree to least maintenance i.e cleanness etc. of the room before leaving.Yet he totally refused to refund of my deposit money . please sir say , legally I can get it or not. I have all receipt with sign of land lord in a ordinary page.please help .
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A. Lodge a complaint with the local police station for breach of contract (oral) and cheating.
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ROBERT D ROZARIO Exp: 15 Year(s) Kolkata
Im staying in a rented 2BHK accommodation which is a 3 storey building. On the ground floor my landlord lives who are married couple of early 550s. We rented the property in May 2017 last year and the rent agreement was renewed in April 2018. As per the rent agreement the notice period is of one month. I told my landlord that I'm buying a new house so I would be using rent agreement to show where I currently live and provide all my permanent documents to the SBI bank. He got agitated and asked to to vacate the house next day saying that we have a function in November so you should vacate by 31st October. I told them that Im in process of applying home loan and post that I should get the possession by mid September and renovation by November end so Im not in a position to vacate before that. I k ow for sure that there is no function in their family because his son and daughter are married and both are living outside. Now they are saying that his son will move on the first floor so I need to vacate. We had an argument nd now they are saying that I need to vacate by 15th September and also sent me an SMS to document the same. The first notice was verbal to vacate by October and 2nd notice is to vacate by next month through SMS. I again told them I won't be able to vacate before my home is ready and I'm trying level best to get is done asap. Next they went to SBI home loan branch to check what documents I have submitted and when they denied to show the docs they created a scene in the brach. I came to k ow about it and confronted why you want to see my personal doc so they said we can and argued that I need to vacate by next month. When SBI home loan verification officer came to check the residence address the landlord told him that they don't live here due to which my verification got negative. Next they also sent one police officer to the SBI branch and he said I need to check the papers and the branch manager showed the police officer my personal docs. All this is creating mental Harrasment and I'm not sure what are my rights in this matter. Please help.
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A. Hello Nikhil, you can contact me through Vidhikarya
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ROBERT D ROZARIO Exp: 15 Year(s) Kolkata
I have GTL tower on my own property, around 25 months i am not getting rent from the company, please advice what should i do? and we have a agreement of 20yr with company.
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A. Need to review the termination clause of the lease agreement. Since the company has already defaulted in making payments for 25 months, you should send a legal notice through a lawyer.
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ROBERT D ROZARIO Exp: 15 Year(s) Kolkata

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