Evacuation of tenant
Hi,
I had entered into a rental agreement on February 15, 2018.with the tenant.As per the agreement the tenant should have been in posession and paying rent of Rs.30000 a month from March 1st 2018. He has paid a token advance of Rs. 10000 and 190000 by cheque in February which has been cashed. However, the house needed to be renovated, so initially we agreed to renovate for an amount of Rs. 70000 and later as per the tenants request to alter the bathrooms and kitchen we increased the renovation amount to 150000 which is mentioned in the agreement. So the security deposit that needs to be paid is a total of 350000 which includes 150000 for renovation that is mentioned in the agreement. Now the problem is that the tenant has renovated the house for 477000. He has never provided an estimate for thechanges to be made in spite of repeated requests. And has not taken a written consent. Due to this unexpected amount we asked him to provide the bills and take the amount and leave but he stated demanding a total of 1050000 stating that he has used his own materials from his construction business.We did not agree to this amount.The house is an apartment, the maintainence for 120000 has not been paid by us due to which he is refrained from taking possesion and we have given a written letter from the association not to allow him enter the house. This tenant was brought by a broker who has made an unregistered agreement mentioning a locking period of 36 months.The tenant has not paid the rent and the electricity bill and taxes have been paid by us.
I have read in a few articles that if there is no writtenconsent taken for renovation it is considered as a damage, and renovation expenditures are to be divided between the landlord and tenant.The broker has to be registered and pay certain fee, if not done there is a penalty.I was told by someone to take possession of the house and change the locks but I believe it is not legal to do so. Is that true.
I also had a question as this apartment is a 99 years lease property. So the the property is 32 years old now. So do we still own the house or does it belong to the actual owner. I had read that after 99 years of completion the property belongs to the actual owner unless they want to extend it and we pay a deposit. Also the property can be sold only by the owner who bought from the builder and not their decendants. It that true.
Please provide your valuable suggestions in evacuating the tenant , and about the house.
Thank you.