Asked December 16, 2016

Procedure for tenant eviction

  • 1 Answer

Detail procedure to Tenant Eviction in cess property wherein irrevocable consent is given, dev agreement is registered , 3 out of seven tenants are vacating, BMC and MHADA Mumbai have sent notice to landlord asking no cooperative tenants to vacate immediately stating that the building is in extremely delapidated state and unfit for human habitation . And chances to success in evacuation

Answer 1

Dear Sir/madam,

As per the facts stated in your query, it says that the building is in extremely dilapidated state and unfit for human habitation, considering such a situation – it is the need of the hour to reconstruct the building. It is ultimately in your best interest only, to vacate your respective apartment for the time being because today or tomorrow the building is going to subside (if it is in a dilapidated state as per the survey of BMC). Once, the new construction gets completed, everything gets reinstated (including you) in their original place. If that is your concern, that you as a tenant might get evicted permanently and a new tenant will take your place, then this is no issue to worry about. The below mentioned law protects your interests as a tenant.

Below stated are the details of the repair cess as far as the procedure regarding Tenant Eviction in cess property is concerned :

The repair cess may be a reasonably urban tax paid by the beneficiaries towards the money burden of the theme. The cess is charged with respect to the worth of property, set by the BMC and it collects the cess within the same manner as it collects land tax. The landlords pay a minimum of ten per cent of the cess themselves and are authorised to devolve up to ninety per cent to the tenants in proportion to the rents that numerous tenants pay. Tenants defaulting for over six months in payment of rent which incorporates a component of cess are prone to be evicted by the owner. If a landowner deliberately doesn't collect rent or cess from a tenant (which happens when landlords would like to negate tenancy) the tenant can give the money through a cheque or postal fund transfer and whether or not the owner accepts, is immaterial, as a result the tenant would thereby have evidenced his intention to pay. The cess is increased every period to match the increase in repair prices, that the Board fixes a ceiling quantity per area unit. The cess applies to any or all buildings earmarked for repair, while, as mentioned earlier, buildings to be dismantled and reconstructed are taken by the Board. The idea of "beyond economic repair" that prompts the Board to undertake demolition and reconstruction isn't based mostly alone on a technical assessment of the expenses concerned within the repair of any given building but includes a component of "willingness to pay" on the a part of the tenants. Once the calculable amount for repairs exceeds the ceiling limit, the tenants are expected to pay the deficit otherwise, the building is taken off from the repair list and is put forth within the demolition and reconstruction list.[1]

The imposition of cess is restricted to residential buildings and to those buildings that have a residential component: strictly business buildings are not included. As mentioned before, the buildings possessed by public agencies also are exempted from the payment of cess, and that they are outside the scope of repair and reconstruction, Since purely business buildings get exempted from cess and repair intervention, several buildings that were earlier cessed are decessed on the grounds that changes in use have taken place from partial residential use to full business use.[2]

Further, Chapter 8 of the Maharashtra Housing and Area development Act, 1976 specifically talks about - REPAIRS AND RECONSTRUCTION OF DILAPIDATED BUILDINGS. Section 76 of the said chapter enlists “duties relating to repairs and reconstruction of dilapidated buildings”





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