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Sidharth (Officer)     05 May 2015

Threatened of loosing house to tenant

Dear Members, I have a joint flat with mo mother for which I have invested entirely and even pay the entire EMI. I stay in another city for job and go home only once or twice in an year. My mother has rented out the house to a young family three years back on 11 month agreement basis with her sign and she collects the rent. The agreement has yearly 10% increment clause. Now the tenant and his wife are sweet talkers and they have convinced my mother to keep renewing the agreement twice without any increment. Also, they have convinced her again and again to keep doing modifications in the flat, and this way end up consuming the entire due rent into the modifications half of the time. However I find their intentions wrong and want to evict them. My mother does not support as she thinks they are the best possible tenants she'll ever get ( and also is scared of loosing the rent if the house stays vacant of 1-2 months). But I want to evict them. Can I send a direct notice to them for eviction as the Co-owner of the house. Please suggest. With each loosing day I'm more and more scared of loosing my property.



 4 Replies

Hardeep (Business)     06 May 2015

1) Strictly speaking, the agreement can be challenged since both you and your mother should have signed as landlords.

 

2) in any legal proceedings, however, then your mother would have to be impleaded as the Opposite Party along with the tenants and your case will start with allegations of fraud and forgery etc. 

 

3) May be better to get your mother on your side first. Maybe you can give her the rent for 1-2 months the flat will remain vacant till you get another suitable tenant you both enters to an agreement with.

 

DISCLAIMER : General information and advice provided is without any warranties as to suitability for any use, correctness and application to any specific case. Please always take proper legal counsel . However, if it helped anyone even a little a " thanks" via the " Thank Contributor " button would be appreciated and would encourage me to keep on making efforts :-) . I am also always open to corrections and further learnings from more experienced Seniors here.

 

Kishor Mehta (CEO)     06 May 2015

Sir,

You have not specfied the state where the property is situated, as different states have different rent act laws. Since you have given the flat on rent, the terms of the rent agreement, and the relevant laws of the state, play an important part. This information is necessary to offer any effective advice.

Good Luck,

Kishor Mehta

 

Sidharth (Officer)     06 May 2015

The property is in Rajasthan. Agreement is on a 11 month basis which is renewed with one gap month. Terms state that rent will be increased 10% in case of continuation/renewal of agreement. However he tells my mother he'll vacate the property if rent is increased and she agrees to not increase. It also states that either party can issue one month notice to another for vacating the premises. My query is if my mother does not issue notice, can i give him verbal/legal notice to vacate.?

 

T. Kalaiselvan, Advocate (Advocate)     08 May 2015

Being jointly owned property, one owner cannot arbitrarily rent or lease out the property without mentioning the acceptance or consent of the co-charer in the property, that renders the agreement invalid , this itself will be a sufficient cause to isue legal notice asking the tenant to vacate the premises.  Now this being the mother - so rlationship, the issues can be settled by talking it out and if it fails, you may proceed with legal recourse. 


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