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Landlord filed a case for subletting the property what should I do now
02-Mar-2023 (In Landlord/Tenant Law)
I was authorized by owner to sublet. I let it out, where tenant to pay Rs.14k to owner and Rs.6k to me for the provn of furniture and maintenance. From 3rd mon he remitted whole amount to me. He was nuisance to neighbours and was asked to vacate. He didn’t. I filed case before Rent controller one year before. He vacated but took away keys asking for advance though he didn’t pay rent for 4 mon. The arrear rent itself is 2 Lacs. Opp party argues that case is not maintainable as was not filed by owner. Our Advocate is less confident about standing. Tomorrow is dt for final arguments. I’ll be grat
You did not mention that who entered into the rental agreement with the sub-tenant, whether it was you or the landlord?
Your title is 'Landlord filed a case for subletting the property what should I do now' whereas you seek clarification for " Opp party argues that case is not maintainable as was not filed by owner.", both are contradicting each other, so which is true?
Subletting which is against your tenancy agreement gives your landlord a legal reason or grounds to start possession proceedings and evict you.
To sublet, you must be a tenant with a lease.This is one of the advantages of having a lease. If your lease does not mention or prohibit subletting, you are free to do so.Most leases require that a landlord give written consent before you can sublet. You should have a written agreement with a subtenant.
If you have a written agreement with the sub-tenant, you can very well file an eviction suit against the sub-tenant for breach of conditions of agreement. It is not necessary that the landlord only has to file the eviction suit. In fact he has nothing to do with this.
Your title is 'Landlord filed a case for subletting the property what should I do now' whereas you seek clarification for " Opp party argues that case is not maintainable as was not filed by owner.", both are contradicting each other, so which is true?
Subletting which is against your tenancy agreement gives your landlord a legal reason or grounds to start possession proceedings and evict you.
To sublet, you must be a tenant with a lease.This is one of the advantages of having a lease. If your lease does not mention or prohibit subletting, you are free to do so.Most leases require that a landlord give written consent before you can sublet. You should have a written agreement with a subtenant.
If you have a written agreement with the sub-tenant, you can very well file an eviction suit against the sub-tenant for breach of conditions of agreement. It is not necessary that the landlord only has to file the eviction suit. In fact he has nothing to do with this.
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Adv. T Kalaiselvan
Vellore | 400+ Answers
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