Tenant not vacating
prerna
(Querist) 10 November 2014
This query is : Resolved
Dear sir,
I have property owned in my name and same is mortaged to bank under my name and the emi for the same is paid by me. My tenant who has been residing in my house is not vacating and asking of some money paid to my husband as a loan which i was not aware of. Me and my husband don't live together. the rent agreement doesn't talk about the loan and also loan agreement was done b/w my husband and the other party. we have send him one month notice for eviction in which he revealed this information about the loan. he has also not paid rent and says rent has been adjusted for the interest for loan. Rent for the house is 13500.please tell me chances of this property getting through court and will i get all the rent arrers
ajay sethi
(Expert) 10 November 2014
issue legal notice and file suit for eviction . if property is standing in your name and loan has been given by tenant to your husband let him file recovery suit against your husband . he cannot seek to adjust rentals against loan interest
Rajendra K Goyal
(Expert) 10 November 2014
File eviction suit against the tenant for non payment of rent.
ADV-JEEVAN PATIL, MUMBAI
(Expert) 14 November 2014
Serve Legal Notice either to pay arrears of rent with interest or vacat it.
You are not obliged to repay or adjust against money given to your husband when you are the owner of the premises. You have nothering to worry since property is mort
gaged and ownership is established.
