in Residence Law Civil Law
Asked July 14, 2017

Wrongfully pending rent of flat for 23 years

  • 1 Answer

My father used to live in a rented flat some 25 years back which was in his name along with his younger brother. However, 23 years ago we have shifted to our owned flat however my uncle used to live there by paying rent in rent control since 1994 ,as the landlord refused to rent the flat to my uncle. Now god knows what had happened ,he is sending legal notice(not physical,its verbally at present) to us for paying rent from 1994 to him at the prevailing rate.I enquired from my uncle about the rent control payment ,which he told not paid since 2007.My father is not liable for that as my father had not stayed there since 1994.What can be a remedy for this? Do I need to take any precautionary action as we did not receive any notice personally from any advocate.The endorsement in returned mail by post man was : Unclaimed. Only the land lord came to my neighbour at Vip Enclave to inquire our contact no. /address which they did not provide.My main concern is that about my father's health that he is still recovering from heart bypass and a very honest and simple person from the deep bottom.He requires no certificate for his honesty and hardwork.He is being forcefully taken into the case by the landlord.We don't want him to suffer anymore illogically as he is a victim due to his simplicity and honesty by the landlord and his own brother. Kindly help.

Answer 1




Dear Sir/madam,

It is very unfortunate to inform that if the rent agreement contains your father’s name (as you said the flat was in his name) as the tenant then, he will be held responsible for paying the total outstanding amount. That to, generally the rent agreements contain an automatic termination of

 However, if the legal notice is not in your name then no need to worry till then, because as it seems – you are not a party to this dispute. Had you been responsible, the legal notice would come to your address as well and then only a precautionary measure is necessary, otherwise not.

Write a termination letter from your end and send it to the landlord, saying that you have already or are ready to vacate the premise and the landlord should take the possession of the property in his own hands. This shall make things clear from your end beacause as of now the relationship of tenant and landlord is between you and the owner (legally) and the brother is nowhere leagally authorise to stay in the concerned property.

Try and convince the brother to pay the rightful rent for his welcomed stay on the premise otherwise you can file a criminal case of Criminal breach of trust (for breaching your trust – when you allowed him to live there but he did not even pay the rent) in a circumstance where the brother is not willing to vacate the premise as well as not paying the accumulated rent to the landlord. Because you being the tenant On paper would be made to release the outstanding rent payment.

Had you not being staying in a place, you should have terminated the agreement then and there itself. It is a contributory negligence of both the parties to the rent agreement – you as well as the owner.

Agree Comment 0 Agrees almost 5 years ago

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