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What to do if their is a dispute with the landlord
24-May-2023 (In Landlord/Tenant Law)
Hello, We r holding a commercial property for the past 56 years. Tenant was my late father but after his demise- 23 years ago, landlord did not do a transfer. Then landlord has changed about 8 years back but started harassing all tenants. He put a case on us with false allegation and it was thrown out. Then again he put a case 2 years ago but his advocate has not been appearing in court. Landlord is a private company which purchased the whole building in 2008/09. now the company with the new director has approached us to settle and we are happy to do that. Should we asking them to prepare a surrender of tenancy and what needs to be done with regards to the case in court? even though they have not been appearing and the new director of the real estate company (who is new landlord) is prepared to do what is required as long as we surrender our tenancy.
Sir
It is good foe you that the new landlord is willing to settle the matter. You will need to prepare a registered Memorandum of Understanding (MOU) in which you can incorporate all your terms and consideration with respect to surrender of your tenancy rights more particularly the consideration amount.
It is good foe you that the new landlord is willing to settle the matter. You will need to prepare a registered Memorandum of Understanding (MOU) in which you can incorporate all your terms and consideration with respect to surrender of your tenancy rights more particularly the consideration amount.
Helpful?
Adv. Yusuf Mithi
Mumbai | 25+ Answers
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This is my response to you:
1. If you are planning to settle the matter, then execute a settlement deed to settle it once and for all;
2. Other hand you can also execute consent terms, place it before the court and let the court dispose of the matter;
3. This is the best option available to you, otherwise if there are further disputes then enter into arbitration, the disposal of cases is much quicker.
1. If you are planning to settle the matter, then execute a settlement deed to settle it once and for all;
2. Other hand you can also execute consent terms, place it before the court and let the court dispose of the matter;
3. This is the best option available to you, otherwise if there are further disputes then enter into arbitration, the disposal of cases is much quicker.
Helpful?
Adv. Gowaal Padavi
Mumbai | 500+ Answers
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