Notice by tenant to landlord
Hardik Salat
(Querist) 16 June 2015
This query is : Resolved
REQUEST TO ALL LAWYERS FOR ANSWER...
My Question is...
1. My Home is about 100 Years Old.
2. My Tenant is about 65 Years Old, who lives on the ground floor of my home.
3. The Principal Tenant to whom my grandfather was given my ground floor on rent before 65 years was died.
4. Presently, his widow and elder son is living in the other society of my city on rent since last 5 years.
5. His younger son, came to my ground floor who was previously living in other society as tenant with his wife and children. (He is vulgar/ previously also in imprisonment for theft case and half murder case)
6. Now due to my home is very old, it's ceiling needs repairing (made from wood) We denied because the rent is only Rs.75/-, he is also prevailing nuisance in my street by alcoholism, using bad words. besides he has not paid municipal corporation tax since last five years.
7. Last week, he has sent us a notice through lawyer, that under section 23 of the Gujarat Rent Control Act, landlord has to allow tenant for repairing and we have to pay all expenses.
8. Now, PLEASE SUGGEST WHAT WE CAN DO NOW. WE ALREADY FACING SO MANY PROBLEMS, BECAUSE WE DO NOT HAVE SPACE IN OUR HOME. WE WANT OUR HOME BACK FROM THE TENANT.
9. WHAT CAN I DO? CAN I REPLIED TO HIS NOTICE? IS IT VALID NOTICE?
10. IF HE START REPAIRING WITHOUT OUR PERMISSION, IS IT VALID?
REQUESTING ALL LAWYERS TO GUIDE ME, WHAT CAN I DO? I WANT MY HOME BACK..IT IS ALREADY UNDER HIS CAPTIVITY SINCE LAST 60 YEARS...
THANKS & REGARDS,
HARDIK SALAT
PARDEEP KUMAR
(Expert) 16 June 2015
Find a good Lawyer, file Suit for recovery of possession, eviction of tenant on the ground of 'Bonafide Requirement'.
Surrender K Singal
(Expert) 16 June 2015
Notice needs to be responded to and your advocate can pray for eviction for not only the nuisances but also for bonafide personal need, while replying to the notice. Counter claim with your reply is as good as your suit for eviction...better consult local lawyer for managing as suggested ?
Rajendra K Goyal
(Expert) 16 June 2015
Reply the notice. consult local lawyer and file case for eviction for bonafide need. Prey for stay for any addition / alteration by the tenant.
Hardik Salat
(Querist) 17 June 2015
Thanks to all experts for the prompt reply..
My further question is can I ask municipal corporation to fall my house as it is already weak and old structure, can fall down in the monsoon season due to high risk.
After that he can claim tenancy legally?
Awaiting for your responses.
Dr J C Vashista
(Expert) 17 June 2015
I agree with expert's advise you are required to issue a legal notice through a local prudent lawyer for determination of tenancy, non-payment of rent, bonafide requirement and major repair required in the building, as your lawyer may consider appropriate in the circumstances and laws applicable/favourable in your case.
It would be better to rope in Municipal corporation that would help you in submitting actual condition of the building which may require intensive repair/renovation work immediately and it would be dangerous to live in the building.
