Legal Question in Landlord & Tenant Law in India

Hi,
My cousin has taken a house for 3 years lease just a month back. But after shifting to that house, she got to know that the landlord has too much of debt. Everyday some people or the other visit her house looking for the landlord (he used to stay in that house before and now he has moved to a different house in the same city and he has not informed his debtors about his new address). Recently a loan recovery agent came from City bank asking for the landlord. Now she is very scared, what if the bank mortgages the property. In that case what are the rights of a lessee? Also, she got to know that the landlord is of "cheating type" because he had taken advance from one more party for leasing the house but in the last minute, disagreed to lease the property for them and he is not returning the advance amount he had taken.
I would like to know, what precautions should my cousin take to ensure that her money will be returned by the landlord.

Asked on 8/28/09, 3:20 am

2 Answers from Attorneys

RAJIV GUPTA (Cell: +91 9811284735) [email protected]

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where exactly is the tenanted property located. in such a situation, in case the property is mortgaged with the bank, the day the bank possesses the property, your cousin would be entitled to sue the landlord for balance rent and damages. in case she wants, she may even approach the civil court for restraining the banks and seeking time to vacate the premises.

Answered on 8/28/09, 3:50 am

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