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Tenant illegally subletting flat for commercial purposes
09-Aug-2023 (In Property Law)
I AM THE LANDLORD AND THE TENANT WAS NOT USING THE FLAT FOR 6 MONTHS CONTINUOUSLY, I HAD GIVEN HIM THE FLAT FOR RESIDENTIAL PURPOSE BUT HE SUB LET HIS FLAT AND NOW CURRENTLY THE FLAT IS BEING USED FOR COMMERCIAL PURPOSE AND USED BY PHYSIOTHERAPIST WHAT ARE THE SECTIONS USED FOR ILLEGALLY SUB LETTING?? CAN I CLAIM FOR MESNE PROFITS ????
Since it is a residential premises, it cannot be used for commercial purpose with obtaining necessary permissions and license. You can issue notice to the tenant for eviction. Don't ask him for any share in the profit else you will be also held responsible. Also issue notice to tenant to immediately stop commercial activity and also inform Municipal Corporation.
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Adv. Bankim Mehta
Mumbai | 200+ Answers
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If the tenant is not using the premises for a continuous period of 6 months then u can evict him by approaching competent court of law.. similarly if the tenant has unlawfully sublet the premises and top of that for commercial purpose, then also you can evict the tenant as well as the person who is in unlawful possession of the premises. You can also ask for mesne profits.
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Adv. Siddharth D Magdum
Mumbai | 25+ Answers
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