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Person took rent pretending to be owner now real owner want to vacate
11-Dec-2023 (In Landlord/Tenant Law)
A person leased us a flat, presenting himself as owner but actually he was tenant, paying monthly rent to thw actual owner. When he stopped paying monthly rent, actual owner came to the flat and asked us to vacate place, our lease amount is 4lac, that guy who took it from is just playing game, i shall return money today tomorrow and not promising anything. What legal action be taken?
Flat/premises given on Lease cannot be subleased/sub let without the consent of the landlord /owner. Such sub letting/sub leasing is illegal . Therefore your stay is illegal. Now under the Law the owner has a right to get you evicted. You have a remedy of filing a case of cheating against the said person and also remedy to file suit for recovery of your security deposit money
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The person has induced you to part with your hard earned money by misrepresentation with intent to defraud you. You should file a criminal complaint against the person under Indian Penal Code for cheating and defrauding you.
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Adv. Jairam Chandnani
Mumbai | 100+ Answers
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You need to be careful while entering such agreements. Your only remedy lies before criminal court for cheating and criminal misappropriation and criminal breach of trust against the tenant. You can pay the rent to the landlord and continue to stay. Tell him to issue rent receipts in your name.
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Adv. Rushil Aiya
Mumbai | 100+ Answers
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