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Tripti (na)     20 November 2010

Can a landlord send people to see the apartment everyday?

Hello everyone!
I live in a rented apartment in Gujarat, India. My landlord sends people almost everyday & sometimes several times a day, to see the apartment for the purpose of selling it. He never gives us any prior notice of such visits and sometime brings people in after 8pm. When we tried talking to him, he said that it's his apartment and he can come in at any time. Is this right? Is he entitled to invade our privacy like this? what actions could be taken against him?
Please help
Thank you!

P.S. We are living in this apartment for 3 years now and we never inked any rent/rental agreement with the landlord.



Learning

 11 Replies

adv. rajeev ( rajoo ) (practicing advocate)     20 November 2010

He has no right to invade you privacy.  Convince him. if he didn't heed you then take a legal action against him.  There is a possiblity that owner can suggest you to leave the apartment.

1 Like

venkat (Employee)     20 November 2010

HI Tripti,

Its difficult to go through situations like this, where a stranger visits the apartment, for which you pay the rent.

Ideally, I would suggest keep a guest book , Anybody visits through the owner of the apartment, keep his address, time of visit, and his signature.   Only after collecting this proof, you should proceed with legal action, that could help you support your legal action , where owner may hesitate to ask you to vacate apartment after showing that you have kept a record of visits.

Good luck. 

1 Like

(Guest)

Mr. venkat it is also a good work to take proof.  When the guest refused to sign or enter his name in the guest what to do?

1 Like

Tripti (na)     20 November 2010

Thanks for your replies, but isn't there any law which may limit the time interval of such unexpected visits- say between 10am to 5pm and on certain days of the week?


(Guest)

Though the property of owner he will be trespasser to the   tenant.  If any one enters untime the tenant will lodge a  complaint  nuisance.

Better display a board for visiting time or hours and day before the house. this will help

V. VASUDEVAN (LEGAL COUNSEL)     21 November 2010

Venkat's suggestion is good and should work. It looks that more than an intent of sale, it is an attempt to vacate you from the premises. In case you get better accommodation, better vacate. Till then, have a mutual agreement with the owner and have a record of visiting persons.

vasudevan

dk.anand (legal head)     24 November 2010

Dear , landlord has every right to visit or send parties for selling only reasonable working hrs.in case of breach u move to civil court for stay

raj kumar ji (LAW STUDENT )     24 November 2010

I AGREE WITH VENKAT

SURESH KRISHNA (working as Deputy Manager - Legal for DLF India Limited)     24 November 2010

First you try to get a Rental Agreement be signed between you and your ladlord wherein you try to stipulate all terms and conditions suitable agreed mutally to you and your landlord. Eventhen your landlord is disturbing you by vising your premises in odd hours without prior notice contravening the terms of your rental agreement you may file a civil suit before rent controller/civil court praying permanent injunction restraining your landlord for visiting.

v.k derashri (INCHARGE, LEGAL CELL)     24 November 2010

I agree with  Mr.Vankat, In addition to his suggesation you may demand authority leltter and proof or identification from visitors. what ever is fact can be re corded by you in register.and get signature even discussion can also be recorded.  You may also inform to your nabiours, watchman society executives to use them as an evidence in legal proceedings, police etc. you may also record suitable timing for visit of others. You may display time of visit   on main gate. vkderashri

reeti (lawyer)     25 November 2010

Landlord can visit the premises only after giving the reasonable notice perriod. If he doesnt do this, you can file a civil suit.

 

Regards,

Reeti Shah


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