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RAMESH KISANI (Managing Director)     01 June 2015

Maharashtra rent control act 1999

I have given my flat on Leave & License in Mumbai. The Licensee Tenant is not vacating the Flat after expiry of L & L term. Please let me know under what Rule or Section of Maharashtra Rent Control Act 1999 the Licensee is liable to pay monthly License Fee equal to double of the License Fee as per L & L Agreement. Thx.


Learning

 2 Replies

Kishor Mehta (CEO)     02 June 2015

Sir,

Please refer Section 24 of Maharashtra Rent Act 1999:

According to Section 24 of Maharashtra Rent Act 1999  Landlord is entitled to recover possession of premises given on license on expiry.

(1) Notwithstanding anything contained in this Act, a licensee in possession or occupation of premises given to him on license for residence shall deliver possession of such premises to the landlord on expiry of the period of license; and on the failure of the licensee to so deliver the possession of the licensed premises, a landlord shall be entitled to recover possession of such premises from a licensee, on the expiry of the period of license, by making an application to the Competent Authority, and, the Competent Authority, on being satisfied that the period of license has expired, shall pass an order for eviction of a licensee.

(2) Any licensee who does not deliver possession of the premises to the landlord on expiry of the period of license and continues to be in possession of the licensed premises till he is dispossessed by the Competent Authority shall be liable to pay damages at double the rate of the license fee or charge of the premises fixed under the agreement of license.

(3) The Competent Authority shall not entertain any claim of whatever nature from any other person who is not a licensee according to the agreement of license.

Explanation- For the purposes of this section,-

(a) the expression "landlord" includes a successor-in-interest who becomes the landlord of the premises as a result of death of such landlord; but does not include a tenant or a sub-tenant who has given premises on license;

(b) an agreement of license in writing shall be conclusive evidence of the fact stated therein.

Good Luck,

Kishor Mehta

T. Kalaiselvan, Advocate (Advocate)     19 June 2015

I agree with the views of expert Mr.Kishor Mehta.  The law has been explained very well, nothing more to add. 


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