Pagdi landlord damanding eviction on basis of non occupancy

Querist : Anonymous (Querist) 17 June 2021 This query is : Resolved
We have a pagdi house in Mumbai which is where we were staying all our life from my grandrparents till now. (approx 1940 - till last year)

Due to excessive corona infection we shifted to a different house last year.

Now the landlord has called saying because no one is staying, I am raking this house.

We have paid all maintenance and have the receipts till now.

He says he will send a legal notice.

Can you please advise on what grounds can the legal notice be sent?

Or what route should be taken as a tenant in pagdi system

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Quick Summary

A tenant in Mumbai's pagdi system is facing eviction threats from their landlord due to temporary non-occupancy caused by the COVID-19 pandemic. Despite paying all dues, the landlord claims the property is vacant and intends to send a legal notice. The advice suggests responding to the notice by highlighting the pandemic as a valid reason for absence and considering temporary reoccupation or demonstrating continued use of the premises to counter the landlord's claim, especially given the protections afforded by the pagdi system.

Advocate Bhartesh goyal (Expert) 17 June 2021
"Non user of rented premises" is one of the ground of eviction of premises.Landlord may issue notice to you for eviction of premises on said ground.To avoid the unhappy action by landlord start living there or have in use the premises so landlord may not proceed for eviction proceedings.

P. Venu (Expert) 17 June 2021
Covid pandemic is an exceptional situation. You may reply to the legal notice, as and when, received, highlighting the pandemic situation.
Also, you may reoccupy the property once normalcy is restored.

Dr J C Vashista (Expert) 18 June 2021
Nothing can be presumed as to what the landlord has in his/her mind for taking over possession of validly rented accommodation where nothing is stated to be outstanding, except the fact that it remained "unoccupied"/ "vacant", which can be explained in response to any notice, if received.
In order to avoid any such eventuality it is advisable that someone from among you may start living in the demised premises.

T. Kalaiselvan, Advocate (Expert) 18 June 2021
The landlord is taking advantage of the law citing your absence in the rented premises.
Well, you may give a strong reply denying his allegations.
He cannot evict you from this premises on this ground especially when you are regularly paying the monthly rental amount without an y default and had been adhering to all the other formalities towards the rented premise.

However you may some and stay there for a day or two once in a fortnight and most importantly you may give the address to receive the posts and couriers from that address, you can inform your neighbor to collect them in your absence.
All these will prove that you are continuously residing in the same address and have not abandoned the premises for any reason.
Remember that this is a pagdi system rented premises, hence it will not be possible for the landlord to vacate you from the premises on such silly grounds.

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