Paghri flat in kdmc

Querist : Anonymous (Querist) 20 January 2020 This query is : Resolved
My father has a paghri flat in a building since 1994.

The building is quite old and got several notice (2-3 notice in last 10 years) from KDMC for building being unsafe for residentials I have just shifted on rent to other place after getting married.

Due to safety issue I am willing to take my parents with me to stay in my rented flat.

Can landlord sue us for non occupancy in such scenario? Do I have any legal stand in such case? We do not have any other our own property.
PS. Building is fully occupied with tenants and landlords who are still staying in the same premises. Please advise

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Quick Summary

A tenant is concerned about their father's Pagri flat in an old KDMC building that has received safety violation notices. They wish to move their parents into their rented accommodation due to the building's unsafe condition and are seeking advice on whether the landlord can sue for non-occupancy and their legal standing. The advice suggests the tenant should first petition for repairs, serving notice to the landlord, which may obstruct eviction grounds. However, prolonged non-occupation could still lead to an eviction notice, and rights might be lost if the building undergoes redevelopment.

Raj Kumar Makkad (Expert) 20 January 2020
In th given facts, landlord can definitely file eviction petition and can also insert the ground of non-occupation by you but this is your right to first file a petition against him to get the property safe and secure and repair the same so that you may not be forced to flee out of it. You should serve a notice to the landlord and should demand immediate repair of the tenated premises within the stipulated period failing which you shall be forced to vacate till you make the building in good condition. If this is done, the landlord shall be obstructed to include this point for the grounds of the vacation.

T. Kalaiselvan, Advocate (Expert) 29 January 2020
Continuous Non occupation of the rented premises for a long time may attract eviction notice from the landlord.
You may receive a legal notice to vacate the premises by the landlord hence you take care about it.
You may lose your rights when the building is going for redevelopment

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