Paghri flat in kdmc

This query is : Resolved 

Querist : Anonymous (Querist)
20 January 2020

My father has a paghri flat in a building since 1994.

The building is quite old and got several notice (2-3 notice in last 10 years) from KDMC for building being unsafe for residentials I have just shifted on rent to other place after getting married.

Due to safety issue I am willing to take my parents with me to stay in my rented flat.

Can landlord sue us for non occupancy in such scenario? Do I have any legal stand in such case? We do not have any other our own property.
PS. Building is fully occupied with tenants and landlords who are still staying in the same premises. Please advise

Raj Kumar MakkadOnline (Expert)
20 January 2020

In th given facts, landlord can definitely file eviction petition and can also insert the ground of non-occupation by you but this is your right to first file a petition against him to get the property safe and secure and repair the same so that you may not be forced to flee out of it. You should serve a notice to the landlord and should demand immediate repair of the tenated premises within the stipulated period failing which you shall be forced to vacate till you make the building in good condition. If this is done, the landlord shall be obstructed to include this point for the grounds of the vacation.

T. Kalaiselvan, Advocate Online (Expert)
29 January 2020

Continuous Non occupation of the rented premises for a long time may attract eviction notice from the landlord.
You may receive a legal notice to vacate the premises by the landlord hence you take care about it.
You may lose your rights when the building is going for redevelopment

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