Querist :
Anonymous
(Querist) 19 April 2011
This query is : Resolved
rent agreement says that owner is not allowed to visit the premises without the permission or prior information about his visit to the tenant but if owner does visit without any prior information and sometimes in tenant's absence then what tenant can do?
Jitendar Kumar gupta
(Expert) 19 April 2011
He can take action in the police against the Landlord. J.K.Gupta ADv. guptajkin@gmail.com
Guest
(Expert) 19 April 2011
Baal ki Khaal mat nikaalo. Other party can also do that. Take it easy, if there was no bad intention on the part of the landlord.
Rent agreement does not mean that the landlord had relinquished all his legal property rights to his tenant. If the tenant is involved in any illegal or terrorist activity in the property, the owner has the right to check against that, as he also can be held legally responsible for that. In my views such an agreement can also be termed as illegal, as visit can also mean seeing from even outside of the premisis, which even any third party (passers-bye) sees that property from outside without the knowledge or permission of the tenant.
Had the tenant been in the house, he could have sought his permission before entry in to the house.
The question arises, did he enter the premises without the permission of tenant's wife or other family members in the absence of the tenant and did she or other family members raise any objection to his entry? Trespassing can be termed only if he entered the premises with any bad intention in spite of the objection raised by the wife or other family members of the tenant.
However, if the tenant has the intention to harass the owner somehow or the other that is another case.
ESTHERPRIYA
(Expert) 25 April 2011
Yes i agree with MR.Dingra
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