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How to sub let a rented shop through pagdi system
20-May-2023 (In Landlord/Tenant Law)
We have a shop already on a pagdi system and we want to give it on rent. we went to ask the permission of the landlord as his noc would be required for the rent agreement. landlord says that we cant sub lease it as it is already been leased out to us and its ill legal. 1. How can we give the shop on rent is there any way to do ... can a partnership agreement be made between new tenant & us. 2. Also how much percentage is payable to the landlord in case the shop is leased out. 3. Please also send or let me know where i can get all the rules and regulation for the pagdi system just to avoid the harrassment of the landlord as he is not even doing the repair work as the steel in the coloumn and beams have rusted to such a extent it has started to fall ..
This is my response to you:
1. How can we give the shop on rent is there any way to do ... can a partnership agreement be made between new tenant & us
Answer: You will need to obtain the NOC from the landlord. Otherwise it would be difficult;
2. Also how much percentage is payable to the landlord in case the shop is leased out.
Answer: That is something you can personally decide with the landlord and as per the agreed terms you can pay him;
3. Please also send or let me know where i can get all the rules and regulation for the pagdi system just to avoid the harrassment of the landlord as he is not even doing the repair work as the steel in the coloumn and beams have rusted to such a extent it has started to fall
Answer: There is the Maharashtra Rent Control Act, please refer to the same: https://housing.maharashtra.gov.in/Sitemap/housing/pdf/actsrules/
THE_MAHARASHTRA_RENT_CONTROL_ACT.pdf
You can do the following:
1. Approach the landlord and ask permission for sub-lease;
2. Convince him to do be part of the same and receive rent share;
3. Politely ask him for the repairs to be done;
4. If he still does not obey then send him a legal notice.
1. How can we give the shop on rent is there any way to do ... can a partnership agreement be made between new tenant & us
Answer: You will need to obtain the NOC from the landlord. Otherwise it would be difficult;
2. Also how much percentage is payable to the landlord in case the shop is leased out.
Answer: That is something you can personally decide with the landlord and as per the agreed terms you can pay him;
3. Please also send or let me know where i can get all the rules and regulation for the pagdi system just to avoid the harrassment of the landlord as he is not even doing the repair work as the steel in the coloumn and beams have rusted to such a extent it has started to fall
Answer: There is the Maharashtra Rent Control Act, please refer to the same: https://housing.maharashtra.gov.in/Sitemap/housing/pdf/actsrules/
THE_MAHARASHTRA_RENT_CONTROL_ACT.pdf
You can do the following:
1. Approach the landlord and ask permission for sub-lease;
2. Convince him to do be part of the same and receive rent share;
3. Politely ask him for the repairs to be done;
4. If he still does not obey then send him a legal notice.
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Adv. Gowaal Padavi
Mumbai | 500+ Answers
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What is the pagdi system case law?
Section 56 of Rent Control Act 1999 legalized the consideration (Pagdi), which is paid by the tenant to the landlord in the form of a premium, fine or other consideration. The act allows a tenant to accept any amount as consideration for the transfer or relinquishment of their tenancy rights. 29-Apr-2021
What are the rules of Pagdi system?
This system requires tenants to pay the landlord a lump-sum amount, called the pagdi. They then pay nominal rents for the property. The pagdi is the tenants tenancy right and it can be sold or passed to their heirs. 30-Mar-2023
What is the pagdi system agreement?
Pagdi system rules
No leases or agreements exist between landlords and tenants. Tenants have certain rights to the land but not to the property. The tenants can sublet their property themselves under certain conditions.
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