Can a landlord seek eviction of tenant under Mumbai Rent Act - Cess Building for which redevelopment agreement has been signed in 2012 under the following conditions 1. Property is not demolished and new building is to be constructed in an open plot behind the cess building 2. Tenant is not staying at the rented premises for which redevelopment is delayed, however advance rent to the landlord has been paid till 2021 3. Tenant has acquired additional property in 2018 for safe and hygienic living 4. Landlord has delayed delivery of permanent alternate accommodation that was committed within 3 years(that is by 2015)
First answer received in 10 minutes.
Lawyers are available now to answer your questions.
If it's old tenant than case can go as per the Mumbai rent act.,
2) you can produce this evidence in the court that tenant is not staying in the said premises.
3) here rent controller act will be applicable, tenant is eligible to get additional space in the redevelopment agreement.
Please provide details about tenant and owner of whether it's pagdi system or normal tenant landlord relationship. Plus date of rent agreement how old tenant is ?
Dear Sir,
Thank you
* .
* If you like my answer, please give a good rating and leave a review
Landlord should deliver alternative accommodation as per agreement signed by him
since he has failed to deliver alternative accommodation within period stipulated in agreement tenant can refuse to vacate
if landlord seeks to evict tenant take defence that alternative accommodation has not been provided for
Due to unhygienic living conditions around the cess building(under Mumbai Rent Act) undergoing re-development if tenant buys additional property in another area does it affect tenancy rights in the rented property(under Mumbai Rent Act) which is kept locked. Thank You.
Landlord can file suit for eviction against tenant if he has another property in his his name
Yes, if this is proved by landlord that tenant owned self acquired property than he looses the rights of tenant from existing property.
If you are forced to buy property due to inhospitable conditions, you cannot be penalized for that. Your tenancy rights are safe.
1. The tenant is protected by the tenancy rights, hence the landlord may not be able to send eviction notice to the tenant in the given situation.
.2. The tenant can refuse to vacate on the basis of the contents you have mentioned.
3. This is not a concern of the landlord, the landlord cannot claim anything on the basis of the tenant acquiring a new building.
4. Landlord has committed default in this regard, the tenant can sue the landlord for this.
Tenant's tenancy rights are very well protected whether he acquires a new property elsewhere or not.
Dear Sir,
If you are paying the rent of rented property and you have your things in it, then there will not be any problem you have rights over the property as it was before but if still the land land create an issue regarding the same then you can sue them for not providing better living condition and mention you reason for staying at that additional property.
It is a right of every one to live in a healthy environment so you have right over property, still you are living at any other place for good hygiene.
Thank you
* .
* If you like my answer, please give a good rating and leave a review
He can file eviction but needs to make out the case within the eviction provisions for the same like major alterations in the property without landlord permission, no rent payment etc. otherwise the eviction will not stand.
after seeing your main query and follow up query, none of the grounds stated by you entitle you to evict the tenant
if the premises are not livable the landlord cannot force the tenant to stay there and if tenant does not comply then landlord will sue him for non-user. That is not the intention behind the ground of non user which is available to a landlord for evicting his tenant
the tenant does not seem to be in breach of the tenancy terms
here the landlord has delayed the redevelopment. there are specific provisions in the rent act using which the landlord can evict his tenant if the landlord is undertaking redevelopment of the building. But those grounds are subject to certain conditions none of which seem to be complied with by the landlord
- Since, the redevelopment agreement has been signed and for proving the tenancy , the tenant has paid the rent to the landlord , then the eviction of tenant cannot possible.
- Further , as there is delay from the tenant side to handover the tenanted premised due to not living into the same , then the landlord can terminate his tenancy on the ground of not using the same at the time of redevelopment .
- Further, as the said tenant is having alternate property in his name , then landlord can also claim eviction of the tenanted premises on this ground as well.
