Husband has left rented house and stopped paying rent
shrishriml
(Querist) 21 July 2016
This query is : Resolved
My husband after a big fight left the house at his own will two months back, after which he got an email written from the landlord to vacate the rented house in one month and forwraded me the same. I did not pay heed to it and continued staying there with my 2 year old son.some days back my husband along with a police constable came home and threatened me to vacate the house without any court order. The police constable said the landlord had sent the police to ask me to leave.
I have filed a complaint under 498a but no action has been taken yet.
I am also getting calls from some landlords lawyer who says if i wish to continue staying in the property i must pay rent and renew agreement on my name else they will take legal action. I do not have the money to pay rent as for last 3 months my husband has not given a single penny even towards sons expenses and am managing all expenses from my salary.
Questions:
1. can my husband be asked to pay rent for the house through any legal process, the rent agreement is in his name which expires in august?
2. The landlord has 10 months rent as deposit and hence can he keep deducting rent from that deposit amount after expiry of lease period also?
3. If the landlord files an eviction suit, on who would that be: me or my husband? and who will be asked to clear all rent dues to the landlord?
4. The landlord initially helped my husband in his motive to remove me from the house by sending false emails that he needs the property, sending police to scare me etc. Can i take any legal action on landlord and my husband?
P. Venu
(Expert) 21 July 2016
In the given facts, your husband is obliged to provide for your residence. However, this could be possible if you get appropriate directions under the Domestic Violence Act.
The action of your husband and the policeman is high handed. The policeman liable for departmental action.
Devajyoti Barman
(Expert) 22 July 2016
1. File a case under PWDV Act wherein seek order from court asking for payment of rent of the same house or for any other house.
2.yes
3. The eviction suit will lie agaisnt you.
4. Your actions lies against husband not against landlord.
File PWDV Act claiming maintenance and rent for house. Ask for arrest of husband from the court of Magistrate as well.
shrishriml
(Querist) 22 July 2016
Thanks Devajyoti Sir, Venu Sir for detailed reply,
in eviction suit, finally who will be asked to clear rent dues? my husband or me? My husband has stopped paying rent from June?
Also, how long does eviction suit take to get order from court? Can i get the DV right to residence order before that?
Guest
(Expert) 22 July 2016
Devajyoti burman has very clearly written for your guidance to seek order from court asking for payment of rent of the same house or for any other house.
Till the rent is reimbursed to you by order of the court, pay rent to landlord, if you want to stay in the same house. You can't deduct rent out of the security money with the landlord, which he is liable to pay to your husbabcd, not you.
Rajendra K Goyal
(Expert) 22 July 2016
1. You have to get court orders for maintenance and residence.
2. landlord has right to recover rent from deposit amount.
3. Landlord may file against both, court may decide who, jointly or severely need to pay rent.
4. Action against landlord by you has little merits.
