Legal notice or ........
bharat khatwani
(Querist) 26 September 2024
This query is : Open
I am seeking your insights and advice regarding an ongoing dispute with my tenant, legal notice sent by him, which I believe contains inflated and
baseless claims.This notice do not have usual para about intent of legal action in case of non compliance. Here’s a brief overview of the situation to provide context:
Background:
I own the property located in Ahmedabad,Gujarat, where he has been
a tenant since 1978.. Recently, he sent a legal notice demanding an amount equivalent to 150 years' rent, largely based on an alleged 24-year-old oral
agreement with my late father concerning repairs and renovations. Notably, he has not raised these issues during the last 24 years.Moreover, the tenant has attempted to escalate the situation by threatening that if I do not carry out significant repairs, I could be held liable for any
accidents that may occur on the property. This threat appears to be an intimidation tactic designed to coerce compliance with his excessive demands.
The notice lacks supporting documentation and fails to mention any legal clause for non-compliance. In good faith, I responded despite the deficiencies
and inconsistencies in his claims.
Key Points of Concern:
Harassment through False Claims: The legal notice includes unsubstantiated demands based on a time-barred agreement that cannot be enforced under the Limitation Act, 1963.
Rent Act Violations: The tenant has claimed unauthorized repairs and has made false assertions about regular rent payments, despite evidence showing multiple defaults over the past four years.
Coercive Tactics: The threats regarding liability for accidents seem designed to intimidate and pressure me into compliance.
Legal Action:
In light of these circumstances, I am in the process of formally terminating the tenancy. I plan to send a termination notice highlighting the breaches
and requesting the tenant to vacate the premises within 60 days. The notice will also address unauthorized constructions and the requirement to settle outstanding bills before vacating.
Questions for the Community:
Based on the described circumstances, do you believe the tenant's claims can be classified as harassment?
What legal remedies should I consider pursuing against these baseless demands and threats?
Would it be advisable to file a counterclaim for harassment or seek a declaratory judgment regarding the tenancy termination?
I appreciate any guidance or insights you can offer regarding my legal rights and options moving forward.
Thank you for your assistance! P.S. I have provided all relevant documents to a local advocate and will be meeting with them next week. Before this meeting, I want to gather diverse perspectives and insights from advocates in the community. Your feedback will help me better
understand my legal options and prepare effectively for my discussion. Thank you for your input!
