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parth   12 July 2024

Landlord's letter

I am living in rented premises since 1978.My landlord has sent following letter.What are legal remedies available ti me...... Subject: Final Notice Seeking Documentary Evidence for Resolution of Your Claims Dear Mr. Mulchandani, Despite my repeated attempts to engage in a transparent and mutually agreeable resolution of the ongoing tenancy dispute, I regret to note that you have consistently failed to provide supporting documents substantiating the claims outlined in your legal notice dated 25/09/2023. Please note that your continued lack of response or inability to furnish the requested information has hindered our efforts to address this matter constructively. In the interest of fairness and adherence to applicable rental laws, I am compelled to make one final request for you to submit the following within the next 15 days: Itemized list of all renovation expenses incurred 24 years ago, along with a break-up of expenses and relevant provisions of law supporting your claim. Itemized list of cavity repair expenses incurred, along with original invoices, bills, and receipts with relevant provisions of law supporting your claim. Itemized list of all repair expenses incurred other than cavity repairs, along with original invoices, bills, and receipts with relevant provisions of law supporting your claim. Official receipts and approvals from relevant authorities for any construction, alterations, or installation of new water and sewer connections made to the premises. Tangible proof of rent deposited by you directly in the bank, as you have not provided receipts to support your claim of bank deposits, and to clear arrears. Comprehensive response addressing the concerns raised in my previous letters dated 12/01/2023 and 15/01/2024, including but not limited to inconsistencies in rent payments, alterations, and lack of prior consent for repairs. Any other relevant documentation or evidence to support your claims of alleged damages, repair expenses, and the necessity for further repairs. Your timely submission of these documents will enable us to engage in a transparent and fact-based discussion, facilitating a fair and lawful resolution of this tenancy dispute. Conversely, a failure to provide the requested information within the stipulated 15-day period will be deemed as a lack of substantiation for your claims and allegations, potentially jeopardizing our efforts to reach an amicable settlement and creating a trust deficit. I earnestly implore you to take this final notice seriously and to provide the requested documentation promptly. Doing so will not only demonstrate your commitment to resolving this issue transparently but also uphold the principles of good faith and adherence to applicable rental laws. Should you require any clarification or assistance in gathering the requested documents, please do not hesitate to contact me. I remain hopeful that we can navigate this matter in a spirit of mutual understanding and cooperation, preserving the integrity of our landlord-tenant relationship. In the event of non-compliance, tenancy will be deemed to be terminated at the end of this period . Sincerely, ******** ******



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 4 Replies

T. Kalaiselvan, Advocate (Advocate)     12 July 2024

The letter contents are very clear that he demands you to provide the documentary evidences to prove your tenancy and other claims that you have made with regard to expenses incurred towards repair charges of the rented premsies.

What is the problem for you to produce the requested documents.

If you are uncertain of the issues you may consult an advocate in the local and issue a reply notice suitably

P. Venu (Advocate)     12 July 2024

What your version of the alleged controversy?

However, the landlord is trying to the judge in his own case which is impermissible. Cessation of tenancy could be enforced only through the due process.

1 Like

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     13 July 2024

Landlord rights vary by jurisdiction, but some common rights include:

 

1. *Rent collection*: The right to collect rent from tenants.

2. *Property maintenance*: The right to maintain the property and make necessary repairs.

3. *Property inspection*: The right to inspect the property periodically.

4. *Eviction*: The right to evict tenants for non-payment of rent or violation of lease terms.

5. *Lease agreement*: The right to create and enforce lease agreements.

6. *Security deposit*: The right to collect security deposits from tenants.

7. *Property management*: The right to manage the property and make decisions regarding its use.

8. *Dispute resolution*: The right to seek legal action to resolve disputes with tenants.

9. *Compliance with laws*: The right to comply with applicable laws and regulations.

10. *Protection from fraud*: The right to protect themselves from fraudulent activities by tenants.

 

It's important to note that landlord rights also come with responsibilities, such as providing a safe and habitable living space for tenants.

parth   14 July 2024

Dear Mr.Venu,, In reference to your answer to my post, I am seeking clarification on the following points. Background: I did not pay rent for three years after spending money to fill a large cavity in the rented premises. The landlord verbally informed me that I should have sought permission before carrying out repairs. He believes the cavity formation in a pucca (well-built) house is unusual and requested information to investigate the cause of the cavity. In response, I sent a legal notice claiming reimbursement for the repair costs and requesting him to undertake major repairs. The landlord dismissed the notice as baseless due to a lack of supporting documents. The house is located in Ahmedabad, and I have been residing there since 1978. I did not respond to the landlord's letter as advised by advocate,He assured me that looking to high fee of litigation and long time taken by courts for settlement of case,landlord will be forced to agree to my demands. but he has consequently terminated my tenancy. Here are my concerns: Legal Notice: My lawyer included some inaccurate demands in the legal notice sent to the landlord. When I expressed my apprehension, he advised me to wait and see, suggesting it would pressurise the landlord to compromise. However, when I showed the final notice from the landlord, he hasn't provided a convincing answer to my questions. Landlord's Inquiries: The landlord's questions focus on the alleged false statements made by my lawyer in the notice. This has caused me worry, prompting me to seek advice on this forum. I would appreciate guidance on the following: Tenancy Termination: What is the proper legal procedure for terminating a tenancy? Landlord Acting as Judge: Can you explain the expression "landlord is trying to be the judge in his own case"? I am reproducing your answer for ready reference. I am also enclosing response of landlord. P.S. I am 95 year old man,will court be sympathetic to me?


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