Pagdi system - commercial use

Vicky (Querist) 24 August 2015 This query is : Resolved
Hi,

I hold a room in a pagdi system chawl since 3 and 1/2 years. Since last 6 months I have rented it to a friend who is a CA and he is using it for practicing his profession. There are 5 rooms including mine, out of which, 4 are being used as commercial.
Now, the landlord says that everyone needs to vacant the room from commercial usage, or else the BMC swill seal the rooms.
He has been saying this since last 6 months but no action yet. But now, he has brought some bmc papers (assesment report) and says that we have to pay some penalty. However, when I checked the papers, they seem to be a notice of tax payment pending from his side towards BMC (we have been paying the rent on time to the landlord). The landlord also says that they will come for isnpection on 10th sept and if the room is still in commercial use, they will seal the room.

I want to know just 2 things:
1. Can BMC officials seal the room in this case?
2. Should we pay the penalty amount he is demanding?

Please help

Follow Query

Report Abuse

Kishor Mehta (Expert) 25 August 2015
Sir,

[1] A tenant can not sub-let his rented premises, without written permission of the Landlord;
[2] The use of the premises can not be changed from residential to commercial, without written permission of the Landlord & BMC;
[3] The BMC can not seal the premises without a court order;
[4] The Landlord can not ask any penalty.

However it will be to your advantage to come to a compromise with the Landlord as you have already acted unlawfully as regards point no. [1] & [2] above.

Good Luck,
Kishor Mehta