Legal Question in Landlord & Tenant Law in India

Hi there,
We are a family of 2 sisters and 1 brother.
My late parents bought a flat under the Pagadi system in 1976 and soon after they passed
away in 1985, one of my sisters got married and lives away with her husband. The other
sister, who has a mental illness is residing at a wellness centre in Bangalore. I have
relocated abroad.
Our flat remains vacant for about 8 to 10 months in a year, though we pay our rents on time
everytime. Recently, because of the flat remaining vacant, our landlord has threatened to
evict us on because the flat remains vacant for long stretches of time.
Fear of being evicted, my sister and I have temporarily relocated back to Mumbai. Although I
am going back to the UK in 3 weeks, my sister may have to stay longer which will have a
negative impact on her illness.
My questions to someone expert in the field will be as follows:
1. Is the landlord right in threatening eviction because of the flat remaining vacant,
though all bills are always paid on time?
2. Even if we decide to reside in the flat, can the landlord stop us from conducting some
very crucial repairs? There is constant water leakage and the walls keeps falling from the
ceiling. We have asked if we can conduct the repairs and the landlord has declined
permission to do so.
Your valuable input will be greatly appreciated.
Sincerely,
DRG

Asked on 8/30/10, 6:34 am

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

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eviction cannot be granted solely on the ground of non habitation. you can get the repairs done and claim the expense from landlord.

Answered on 8/30/10, 9:56 am

Aniruddha Pawse Aniruddha.P.Pawse Advocates

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0 attorneys agreed

1) yes as per Maharashtra Rent Act landlord can evict you as flat is vacant on ground of bonafide and reasonable personal requirement.

2) no you can ask the landlord to carry on repairs or you can carry on repairs yourself and claim reimbursement from landlord.

Answered on 8/30/10, 11:29 pm

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