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RAMSAMY RAJENDRAN   23 July 2024

Suggestion for the course of action

Tenant died after subletting the accommodation by collecting deposit. Now the sub tenant filed a case against the landlord and the tenant. The sub tenant not paying the rent for past 4 years. The case in the status of evidence. The sub tenant not at all attending the court proceedings. Case with final verdict is pending. What to do the land lord. Pl.guide


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 3 Replies

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     23 July 2024

If a tenant has passed away and the sub-tenant is not paying rent, the landlord can take the following steps: 1. _Determine the sub-tenant's status_: Check if the sub-tenant has a valid agreement or permission from the original tenant to occupy the premises. 2. _Send a notice_: Serve a notice to the sub-tenant, demanding rent payment and informing them of their obligations. 3. _Terminate the sub-tenancy_: If the sub-tenant is not paying rent, the landlord can terminate the sub-tenancy with proper notice. 4. _File an eviction suit_: If the sub-tenant refuses to vacate, the landlord can file an eviction suit under the relevant rent control laws. 5. _Claim rent arrears_: The landlord can also claim rent arrears from the sub-tenant or the original tenant's legal heirs. 6. _Consider a new tenancy agreement_: If the sub-tenant is willing to pay rent, the landlord can offer a new tenancy agreement, ensuring clarity on terms and conditions. It's essential to: - _Document everything_: Keep records of notices, communications, and court proceedings. - _Follow legal procedures_: Adhere to relevant rent control laws and seek legal advice if needed. - _Be empathetic_: Handle the situation sensitively, considering the original tenant's passing. Consult a legal expert or property lawyer to ensure the correct course of action.

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Dr. J C Vashista (Advocate )     24 July 2024

The case is already subjudiced, wait for judgment.

What is your concern and locus standi to the dispute between sub-tenant and landlord ?

 

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T. Kalaiselvan, Advocate (Advocate)     24 July 2024

The case was filed by the sub tenant seeking some relief, if the cse is prolonged then it will be he who will be sufferer.

If the sub tenancy was recognised by you then you can very well file an eviction suit to evict him for wilful default in rental payment 

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