Send letter to landlord by registered post and enclose cheque for arrears of rent . Mention earlier also rent was sent but he refused to accept it
start staying in rented premises
Hi, i have received a notice from my landlord on 09.03.2020 saying that he would like us to handover the property to him. We have shifted to Vasai for the past 6 years as our family had expanded and there was no space in the house. We have been paying rent regularly till March 2017. After that the landlord has refused to accept the rent and refused to talk about it as well. The said property is at Kumbharwada region of Mumbai. Right now the house is empty and we have kept a few storage items in it. We have the receipt of the cheque that he rejected for the year 17 - 18. And right now on the basis of non payment of the rent and not using the property he is asking us to vacate the house, how do we handle it
Send letter to landlord by registered post and enclose cheque for arrears of rent . Mention earlier also rent was sent but he refused to accept it
start staying in rented premises
What to do about the notice that he has sent? The court has summoned us on 27th March 2020
You should engage a lawyer and deposit rentals in court
appear in court on date mentioned in summons
Dear sir,
As it is the tenanted property and you have been staying there since very long and just because of space constraints you have moved out this, the builder will not have the authority to remove you. I will have to read your notice as well as the summon for further understanding. As per Maharashtra Rent control act you cannot be removed.
Regards,
Divyam Sheth
Advocate Bombay High Court
[deleted]
Not paying rent is different. You can pay now in court but keeping property without use, court will order eviction.
Appear on next date, take adjournment to file reply and start living in the property.
Eviction suit is already filed by landlord against you
now you have to file your written statement within 30 days of receipt of court summons
this period can be extended by the court upto 90 days
you must also deposit the rent arrears in court alongwith 15% interest on the arrears to show that you are always ready and willing to pay the rent
you will have to properly deal with the ground that you do not use the premises.
this notice is starting process of eviction and your landlord will file a suit against you as he has given you legal notice to get the property and he have a valid ground that you have already moved to another place and you do not need that place along with their underground that this place is not sufficient for your family will not prevail since you are into default in rent payment since 2017 it will be good for him to take this. And clean the rent along with the interest an outstanding amount eventually you have very less chances to remaining the property but you fight the case on various ground.
Hi
If you are not using that property and have not paid the rent or the landlord have not accepted the rent since past more than 2 years then why can't you remove you stuff from there.
Do not get into legalities.
Remove your stuff and state the same in court on 27th.
Thanks
- On the ground of arrears of rent , the landlord wanted to take possession from you of the tenanted house, and due to why he has sent you the said notice.
- If , you want to continue to have the said house in your possession , and if the said notice is not a court summon , then you should reply the same after mentioning that , you have already tried to pay the rent , but refused by him , and even now you want to pay the same.
- Further , if you have received the summons from the court to appear , then you should file Reply/Written statement within 30 days of receiving the said notice, otherwise court will pass its order in your absence.
- Better to show that summon to any local lawyer , under what section that has been sent to you.
- Further, if you want to have possession of that house with you , then deposit the arrears in the court .
1. if you have kept the house vacant then I wonder why you do not want to leave this house.
2. Anyway if you are tenant and the landlord is not accepting rent then you can deposit the rent with the Rent Controller.
3. the landlord after terminating the tenancy can get back the property only after evicting you from the property in due course of law.
4. In course of such eviction suit you will have get enough opportunity to defence your case.
He may file the suit for eviction on grounds of non usage . You deposit the regular rent in any postal account or bank account to prove your bonafide
Issue reply to the notice sent by the land lord bringing the fact of refusal to take the rent for year 2017-18.
Cause your appearance in court on 27.02.2020 and contest the case on merits.
However, if you do not want to stay in the said premises, you better have a dialogue with him and address the issue amicably.
Your landlord is trying to build a Base for himself to file an eviction suit against you on the ground that you have stopped paying rent to him and may allege many other false grounds for eviction against you. You can deposit the same in the court by making an application to do so.
Consult and engage a local prudent lawyer for better appreciation of facts, analyse, guidance and proceeding professsionally.
1. As you are not paying the rent and property is not under your possession so you are bound to vacate the premises on non usage of property and non payment of rent.
2. You should appear in court and explain that why you are not paying the rent and not using the property for residential purpose as it was rented to you for residence and not for storage purpose.
He can very well file an eviction suit against you for the said reasons.
Not occupying the rented premises physically is also one of the grounds for eviction.
If he has not accepted the rent then yo should have taken steps to deposit the rent before court or rent controller, whereas you have not paid the rent just because he refuse to accept the same way back in the year 2017, hence you can be considered as a defaulter in monthly rental payments.
Therefore the decision by court may come in his favor only if he files an eviction suit even though you can drag it on for few years.
You first issue a reply notice denying his allegations in the legal notice he has issued to you and then await for him to file an eviction suit to face him in the court of law.