Owner Harassment
Ashok Raja M
(Querist) 22 July 2011
This query is : Resolved
We have taken a double portion for rent (as we are a combined family consisting a total of 13 members, 8/9 adults + 4 children) on the September 1, 2010 on the first floor. Owner stays on the ground floor. We paid two months of the rent as advance and paying the rent regularly by the first week of every month. They have shown the high infrastructure and facility of tap water for 24 hours. We already told them in advance that we are big family and children some common disturbances you can expect. Adding to this we stressed that we never changes the house frequently and hence informed the owner that we are likely to stay minimum of 3 years or 5 years. If you want us to vacate within this period, you should not take any of these silly things as pretext to argue or something like.
But soon after entering the house, they started removing the facilities one by one. They are providing only bore water and we are not allowed to use the tap water for 24 hours as they have promised. They removed the shower in bathroom and such trivial things they started doing. We have taken casually and requested to keep up your promises as per the agreement, which they simply ignored saying if you want to stay you stay else vacate the house. Apart from that they are treating us as if we are slaves and frequently say this is their house they do whatever they want.
Our side:
1. We drink alcohol frequently.
2. We, now and then make arguments within ourselves for any of our internal issues, which sounds louder during nights on some occasions.
3. Our children play with noises inlcuding the owner shildrens, do some pencil drawing as they play on the walls and our kids 2yr old make the stairs ugly sometimes by passing urine on the stairs, etc. that we'll clean when we found.
Please note that we are not arguing with the outsider and did not utter anything about any of our neighbors.
Their side:
1. One of members of our owner family (rather, he is the owner) dislikes us and searching for pretext to vacate us.
2. He has closed the ventilation in pretext of rain water entering the ground floor into his house. This causes suffocation and mosquitoes started entering my bed room. I am afraid of fever any kind diseases to any of us.
3. He enters our premises frequently without any notice perhaps in a search for any pretext.
4. He argues with our ladies in an indecent way.
We requested (frankly requested) to remove the cover on ventilation. But he has ignored as usual and repeated the hid dialogue “ this is my home, I do whatever……”. After that he is searching for any small pretext to vacate us.
One of the nights around 11.30 p.m. when we are discussing within ourselves (not arguing louder even), He got upstairs to us and asked us in harsh way to shut the windows because our voice is disturbing him. There is bit of argument in this regard and he is now demanding us to vacate the house within 15 days.
Please guide me precede legally.
Thanks & Regards
Ashok
ajay sethi
(Expert) 22 July 2011
1) it would all depend upon the terms and conditions of the agreement entered into with the owner .you will have to see the termination clause which specifies the grounds on which you can be vacated after notice
2) it would be advisable for you to address letter to the owner of flat pointing out the problem faced by you . please send letter by registered post Ad so that you have some proof that letter has been sent .
3) if you fail to vacate he may file case aginst you for eviction which may take some time to be disposed of . in the meantime you cna continue depositing rent amount in court during pendency of suit .
