Basic repair without intimation to landlord in padgi home

Cosmetic repairs such as loose tiles that make the shower unusable or holes in carpeting that could trip someone do not need any NOC from the Landlord.  If you're not sure whether your landlord is legally required to make a repair, check to see if your specific complaint is addressed by: the terms of your lease, any oral or written promises your landlord has made, state and local building codes, or state landlord-tenant laws etc.

Thanks for your reply, these pagdi homes have no lease agreement as they were signed in the 1950s. They are more governed by local practices than laws. So I want to know if in the padgi system too, the NOC from landlord is required ?

Madam,

[1] We wanted to repair our bathroom (tiles and plumbings only) with no structural changes.

These repairs do not need the permission of either the Landlord or the BMC, however it is seen that Landlords usually hinder the repairs under some pretext. The only alternative left is an approach to a Court of Law, which is shunted by most of the tenants. There is a clause in the Maharashtra Rent Control Act which specifically states that a written permission from the Landlord is essential before undertaking and repairs, the repairs that you have stated do not come under this descripttion, however the Landlord will always take shelter under this clause. 

[2] He is not giving anything extra as compensation. He will only give rent for the home that we stay in till redevelopment happens. His redevelopment offer is not exciting nor is he giving anything in writing. 

Please understand that a tenant in a rental premises can demand only an equal carpet area in the redeveloped building, and the compensation for the alternate accommodation till the redeveloped building is ready. Further, please do not offer any N.O.C. or part with the possession of your original rented premises without first getting a registered document to the new redeveloped premises. Be careful.

Good Luck.

Kishor Mehta

Dear Mr. Mehta, 

Thanks for your reply. There's is one more clause that is in the favour of the landlord, the bathroom and toilet is situated outside our home. Although it exclusively used by our family alone, he claims that it is common. We don't agree on that. So he says that we have mades changes to a property which does not belong entirely to us and hence he's making a case about it against us. 

What recourse do we have if he proves that it is common ? 

Madam,

According to the Mumbai Municipal Act, the Landlords are supposed to keep the building and other common facilities in good and tenable conditions, you can take-up the matter with your local Municipal ward office.

A complaint about the dilapidated condition of the toilet blocks can be submitted to the local municipal ward office, if no help is forth coming, you can then take it up further with the help of RTI. I am sure the recourse to RTI will definitely be helpful and the Municipal authorities will be forced to take action.

Good Luck.

Kishor Mehta

His redevelopment offer is not exciting nor is he giving anything in writing. Registered agreement drafted by an experienced lawyer is needed and signed by you and  builder on stamp paper with clauses for your protection of right, most important registered architect/surveyor should measure your flat area so you get exact carpet area and not built up area and also you will need this if builder does not agree on area later on it will be an legal evidence admissible in court .

 But I will be forced to sign the NOC against my will because my repairing work has stopped. And I am facing lot of inconvenience because of it see builders have to pay high  interest rate on the capital they have taken loans  they  to purchase LAND/BUILDING   no option but use strong arm tactics  if the tenant does not agree, this IS the beginning of harassment so please get the message and be prepared he will harass more, try not to frustrate him as much as possible compromise let go of some things, (four crore cases are pending in our courts so this option should be last) do enquire from earlier redvlp projects he has taken and  has he completed them and kept his word and promise and deliverd from other sources/background checks. Another complete risk free option would be take full and final money from him if possible and go someplace else as if he tries to give you less than you agreed in the agreement will result in an long court case PLEASE REMEBER nobody can force for an NOC ask him for letter he wants show it to your lawyer find out what noc term clause is being mentioned,understand why what purpose  he wants it for .  

I read that as per section 342 of BMC Act, 1988, a tenant does not need NOC from BMC to conduct such repairs.you do not need anybodys permission for cosmetic changes like painting, pipe replacement,tiling MOST IMPORTANT PLEASE GET THE PIPNG WORK DONE BY AN MUNCIPAL REGISTERED LICENCE PLUMBER AND KEEP EVIDENCE OF WORK DONE, for plastering of walls good if you can get an registered civil engineer to do the job it maybe be costly but weigh the benefits.

Can a landlord take any action on me if I continue the repairs ?NO  even police cannot interfere/act as it is an property matter and please intimate your municipal ward office with an letter mentioning the work you are doing . for safety get CCTV small hidden cameras to record movements of people around. as in old buildings it was common to have toilets outside do you have any evidence that this toilet was for use of only your family, if no EVIDENCE, then he may send people to use it (dirty it) to inconvience you. IS HE TAKING RENT FROM YOU if no continue to send rent by money oorder and keep that refuse as evidence, old receipts of earlier landlord is your evidence even if don’t have lease agreement

  And is there any other way to get the work started without signing the NOC. do the work no NOC needed

Please help me with your expertise and experience. I am not an lawyer but I have been through what you are going through hope you understood and please to fight you need resources like time and money, mental strength, support of family, personal understanding of legality, luck. do get an second opinion from another lawyer or this forum about the terms you sign ,god bless.

His redevelopment offer is not exciting nor is he giving anything in writing. Registered agreement drafted by an experienced lawyer is needed and signed by you and  builder on stamp paper with clauses for your protection of right, most important registered architect/surveyor should measure your flat area so you get exact carpet area and not built up area and also you will need this if builder does not agree on area later on it will be an legal evidence admissible in court .

 But I will be forced to sign the NOC against my will because my repairing work has stopped. And I am facing lot of inconvenience because of it see builders have to pay high  interest rate on the capital they have taken loans  they  to purchase LAND/BUILDING   no option but use strong arm tactics  if the tenant does not agree, this IS the beginning of harassment so please get the message and be prepared he will harass more, try not to frustrate him as much as possible compromise let go of some things, (four crore cases are pending in our courts so this option should be last) do enquire from earlier redvlp projects he has taken and  has he completed them and kept his word and promise and deliverd from other sources/background checks. Another complete risk free option would be take full and final money from him if possible and go someplace else as if he tries to give you less than you agreed in the agreement will result in an long court case PLEASE REMEBER nobody can force for an NOC ask him for letter he wants show it to your lawyer find out what noc term clause is being mentioned,understand why what purpose  he wants it for .  

I read that as per section 342 of BMC Act, 1988, a tenant does not need NOC from BMC to conduct such repairs.you do not need anybodys permission for cosmetic changes like painting, pipe replacement,tiling MOST IMPORTANT PLEASE GET THE PIPNG WORK DONE BY AN MUNCIPAL REGISTERED LICENCE PLUMBER AND KEEP EVIDENCE OF WORK DONE, for plastering of walls good if you can get an registered civil engineer to do the job it maybe be costly but weigh the benefits.

Can a landlord take any action on me if I continue the repairs ?NO  even police cannot interfere/act as it is an property matter and please intimate your municipal ward office with an letter mentioning the work you are doing . for safety get CCTV small hidden cameras to record movements of people around. as in old buildings it was common to have toilets outside do you have any evidence that this toilet was for use of only your family, if no EVIDENCE, then he may send people to use it (dirty it) to inconvience you. IS HE TAKING RENT FROM YOU if no continue to send rent by money oorder and keep that refuse as evidence, old receipts of earlier landlord is your evidence even if don’t have lease agreement

  And is there any other way to get the work started without signing the NOC. do the work no NOC needed

Please help me with your expertise and experience. I am not an lawyer but I have been through bad experience hope you understood and please to fight you need resources like time and money, mental strength, support of family, personal understanding of legality, luck. do get an second opinion from another lawyer or this forum about the terms you sign ,god bless.