Legal Question in Real Estate Law in India
Rights of a Tenant
My father was a tenant. We have shifted to our own home. But we still are in the possesion of the tenancy. My father had an agreement in plain paper with the landlord that he will continue to reside in the house as long as he wished. Now we have sub-letted the appartment to my uncle. My father passed away a few days back. Now our landlord wants to come under a negotiation. He wants to pay us a certain amount of money and make us surrender the apartment. Else he will take legal action against us. My uncle is not willing to vacate the apartment now. He says that let him take any legal action and he will face that himself and also to give him the power of attorney to do so. What shall I do?
5 Answers from Attorneys
Re: Rights of a Tenant
The lease agreement, if it is valid for more than a year, has to be by registered document. If the agreement in your possession is not registered, your evidence will not be admissible in court. To advise you in a better manner, we need to know more facts and to go through the said agreement.
Re: Rights of a Tenant
It is not clear whether there is any rent control law applicable in your area. If so, sub-letting is absolutely prohibited by most Rent Control statutes. At any rate, since you have come into possession of alternate accomodation, the landlord can evict you on that ground alone. While a power of attorney can be issued, you will be ultimately responsible for costs of the litigation.
Re: Rights of a Tenant
Once you have vacated the place and residing in your house it is illegal to let or sub-let to any one. It is better that you reason with your uncle and give vacant possession, if your uncle does not vacate then you tell the land lord about it, and Give a statement that you have vacated the premises and shifted to your own house, then the land lord will take legal action suitable to him.
Regards
Balasubramanya
Advocate.
Re: Rights of a Tenant
Subletting is a ground for eviction.It is advisable to compromise with the landlord.
Re: Rights of a Tenant
It is not clear as to which particular Rent Control Act is applicable to the tenancy. However, generally all such acts, prohibit creation of sub-tenancy without Landlord's consent. As such, the sub-tenancy created by you is bad in the eye of law.
In your case, practical courses of action will be (1) either you prevail on uncle to vacate and give poseession to landlord, or (2) you hand over possession to landlord by way of a surrender letter.
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