Tenant not vacating flat
Raj
(Querist) 30 January 2013
This query is : Resolved
Dear all,
Please help in the following case:
Case:
1. A is owner of a flat that comes under Maharashtra jurisdiction. The complex is yet to be registered as a society.
2. B is tenant of the flat mentioned since February 2012 upto January 2013 by means of leave and license agreement of 11 months.
3. The leave and license agreement is unregistered and the agreement was entered using a Rs. 100 bond paper with witnesses.
4. B paid a refundable deposit and 11 post-dated cheques to A.
5. The cheque for the month of April bounced. B credited A’s account directly though cash deposit after persistent follow-ups
6. Cheque for the month of June bounced as well. B credited A’s account directly again after persistent follow-up
7. Rental cheque for the month of July bounced again. No amount credited for the month.
8. On follow-up in July and August, A came to know that B is not in town due to business problems. The flat remains locked.
9. A did not deposit cheques for the months of August, September, October, November, December and January as A felt those cheques will bounce as well. A took comfort in the deposit amount that took care of rental till December.
10. A deposited cheques of October, November, December and January in the month of January. All the 4 cheques bounced.
11. Since December, A launced sustained efforts to make B vacate the flat through the broker but as B was still out of town, A had been unsuccessful.
12. B stayed in touch using SMSes to A in January and the broker wherein B keeps asking for time to vacate due to his so-called personal/business problems
13. A issues legal notice to B and broker to vacate the flat a few days before expiry of the agreement with cc to local police station
14. The notice says that A will have the right to vacate the flat and A will not be responsible for loss of items belonging to B
15. The scanned copy of the legal notice was sent to B via email that has been received by B.
16. B is also involved in similar case related to his business shop with another landlord.
Questions:
1. What are the options available to A to vacate the flat? Can A forcefully vacate the flat using panchanama? Is it possible to let out or sell the flat after forcefully vacating the flat? What could be the consequences in doing so?
2. What is the legal avenue available with A and what is the realistic time frame to get a court order in A’s favour? What are the procedures involved?
3. What is the legal protection available with B?
4. How can A claim the rent amount during the period of leave and license agreement and post the period of leave and license agreement?
Thanks and Regards
ajay sethi
(Expert) 30 January 2013
you cant take law into your hands and use force to evict licensee . you have not mentioned where the property is istauted in mahrashtra . contact a local lawyer . you will have to move before comeptent authroity for eviction of licensee .
you have already engaged a lawyer for drafting legal notice . ask him to take out eviction proceedings before the competent authority
Raj
(Querist) 30 January 2013
Thanks Sir for your reply.
1. The flat comes under Thane jurisdiction
2. The lawyer himself has given an option to vacate the flat using panchanama with 5 witnessess.
3. If A moves before competent authority, what is the minimum time required to get court's order that is favourable considering that the leave and license agreement is not registered?
Kindly reply taking into account the above two points.
Thanks and Regards
ajay sethi
(Expert) 30 January 2013
well we cant say how long it will take before competent authority . depends upon pendency of cases in thane . your lawyer would be in position to guide you better .
R.K Nanda
(Expert) 30 January 2013
contact local lawyer as query too long.
Raj
(Querist) 30 January 2013
Thanks Sirs for your reply and time on this matter.
If any one of the experts here can give some advice related to panchanama aspect, it will be of immense help.
Thanks and Regards
Nadeem Qureshi
(Expert) 31 January 2013
agree with experts, nothing left to add
V R SHROFF
(Expert) 31 January 2013
agree with experts, nothing left to add
ur Adv may advice related to panchanama, as he suggest so..
prabhakar singh
(Expert) 31 January 2013
The leave and license agreement being unregistered is void and not terms incorporated therein but the version advanced by licensee shall prevail as per law in Maharashtra.
Santosh Sharda
(Expert) 01 February 2013
situations such as this reminds one that the registration is for the safety of the licensor more than for the licensee. Here since the agreement is not registered, the proceedings may not be even entertained by the competent authority and the matter will most likely be taken up only by the small causes court and the tenant will take protection under the Rent Act,and will take time. The only feeble ground can be that the delay was the result of the licensee's continuous absence and unwillingness to come for registration and will help mostly and probably only for admission purposes. The matter now comes under the jurisdiction of the civil courts
