Landlord v/s tenants
Deepak Vanjare
(Querist) 07 April 2013
This query is : Resolved
The Landlord is not accepting rent from all tenants for last 10 years.The building has been declared dilapidated by Mumbai municipal corpn.Landlord has been served notice by Municipal corpn to initiate repairs.Landlord has given notice to vacate to all tenants & has no intention to repair. Tenants approached Civil contractors to repair on their own by taking permissions but no contractor is risking repairs since building condition is bad. Tenants are living in danger to life being middle class people not having alternative. What legal recourse is available to tenants to force Landlord to reconstruct building or redevelop. The building is located near station & on prime residential area.Building is constructed year 1962 & tenants have paid Pagdi to landlord.Location Mumbai western suburb.
ajay sethi
(Expert) 07 April 2013
issue legal notice to landlord . move court against the landlord to carry out necessary repairs . tenants shouyld express their willingness tpo pay for the repairs .
the reason why landlord refuse to carry out repairs is because they get a pittance amount as rent . costs of repairs run into lakhs .
Devajyoti Barman
(Expert) 07 April 2013
Deposit rent in rent Control. You can file suit for injunction and declaration if you fear for forceful eviction.
R.K Nanda
(Expert) 07 April 2013
agree with experts.
Raj Kumar Makkad
(Expert) 07 April 2013
The matter under discussion is not forceful eviction rather is relates to the necessary repairs to be conducted in the building to which landlord is refusing.
It seems that the building is required to be demolished and reconstructed as the architects/builders have even refused to tenants to carry out necessary changes/repairs due to dilapidated condition of the building.
In the given case, the municipality is the best source of help. You all collectively either meet personally or issue legal notice to the concerned authorities and invite their action of demolition of the building and then take help of a builder as desired failing which file a writ before high court to direct the municipal authorities to do as desired.
Prior to that you are required to deposit the rent at least up to 36 months prior to the date of filing of rent petition establishing your tenancy.
