Rented premises
Bhaskar Ghosh
(Querist) 27 August 2012
This query is : Resolved
I have a three storyed building
1. The 2nd or the top floor is used by me and my family for residential purpose.
2. The 1st floor and the Ground floor are rented out to tenants
3. The tenant on the 1st floor gives me rent on a regular basis and I have an amiable relation with him but the tenant on the ground floor does not give me rent. I have already filed an Eviction suit against the tenant in the court of law and the legal process in continuing.
4. I have learnt from sources that the roof of the ground floor is in a dilapidated condition and one of the iron beams might break down any moment causing damage to life and property. This will result in endangering the life of the tenant residing in the 1st floor also whose floor is likely to be affected.
5. The tenant on the ground floor has not intimated me anything about the condition thereon.
6. Please advise me on the following points:
a) The legal remedies that can be taken now and are available to me in case of an accident though the tenant is not intimating me about anything in writing.
b) How can hazards of police interrogation be avoided in such case.
c) If I myself intimate the court about the condition, the court will direct me to repair the same and the tenant will continue residing there for a long time till the legal process is over.
d) Necessary legal and administrative measures that can be resorted to under this condition.
Bhaskar
ajay sethi
(Expert) 27 August 2012
tenant has to intimate you in writing about diplaidated condition of ground floor flat .
if tenant has not done repairs even if iron beams fall as landlord you have to carry out repairs .
you cnnaot be absolved of your resposibility of maintenance of building as you are the owner .
under Section-14 of the Maharashtra Rent Control Act it is provided that it will be the duty of landlords to keep the premises in good repair. The provision states that:
(1) Notwithstanding anything contained in any law for the time being in force and in the absence of an agreement to the contrary by the tenant, every landlord shall be bound to keep the premises in good and tenantable repair.
(2) If the landlord neglects to make any repairs, which he is bound to make under sub-section (1), within a reasonable time after a notice of 15 days is served upon him by post or in any other manner by a tenant or jointly by tenants interested in such repairs, such tenant or tenants may themselves make the same and deduct the expenses of such repairs from the rent or otherwise recover them from the landlord: Provided that, where the repairs are jointly made by the tenants the amount to be deducted or recovered with interest by each tenant shall bear the same proportion as the rent payable by him in respect of his premises bears to the total amount of the expenses incurred for such repairs together with simple interest at 15 per cent per annum on such amount: Provided further that, the amount so deducted or recoverable in any year shall not exceed one-fourth of the rent payable by the tenant for that year.
(3) For the purposes of calculating the expenses of repairs made under sub-section (2), the accounts together with the vouchers maintained by the tenants shall be conclusive evidence of such expenditure and shall be binding on the landlord.
