Leave and license agreement and MRC ACT 1999
3 weeks ago
I was about to go on a rental flat on 3rd March 2024 in Mumbai. We shifted all of our belongings over there. Agreement was about to be made as there was a sudden fire catch at the advocate office so the agreement delayed. We gave 1Lakh INR deposit and 2 months rent decided as 26500/- per month for the March and April 2024. Other 4 months rent cheques are also with that licensor; but post dated. But, these building has so many issues after we came here almost everyday in this building there is no water supply and electricity supply for 8-10 hours and it's very difficult to manage. This building didn't get the OC as well. Building's construction is so poor that you can't even insert a screw/ nail in the wall as it gets damaged severally, even though this building is constructed newly and many floors are remaining to even built. We haven't sign the agreement yet. But, as per verbal agreement we assured that we will stay for 2years. But we want to leave as soon as possible. We discussed our matters with the landlord and they are mentally pushing us and giving threats to the sign the agreement but we denied. We talked about this on a call. Later, she called us and said we have an option to vacate this place it can happen. Now , she sent a legal notice to vacate the place and demanding one month rent as compensation, want us to re-paint the whole house even though we haven't lived here for proper two months, and demanding drafting charges of agreement of 4100INR. What actions can I take in my defense? Do I have any rights? What should I do?
In the absence of a written Leave and License Agreement, facing financial loss due to hefty payments made to the landlord can be challenging. However, possessing payment transaction records can aid in recovering a portion of the payments through litigation. According to the Registration Act, 1908, rental agreements exceeding 12 months must be registered to avoid stamp duty and registration charges, leading to agreements usually being for 11 months.
To address the situation, filing a complaint against the Licensor at the local police station or a private complaint to the Magistrate under Section 200 of the CrPC is an option. Additionally, initiating a money suit before the Civil Court for money recovery is possible. Disputes between tenants and landlords can also be resolved under state-specific Rent Control Acts, with Rent Controllers appointed to handle such matters. Therefore, filing an application with the Rent Controller to address the grievance amicably is advisable.
The issue may be resolved amicably or by approaching common friends or through the mediation of any common advocate.
In the absence of any written Leave and License Agreement, you make make payment of a hefty amount to the landlord that put you to face all these ordeal and consequences apart from financial loss. However, if you possess the payment transaction record, then it may help you to recover a part of your payments from the licensor through litigation. Under the Registration Act, 1908, it is mandatory to register a rental agreement if the period is more than 12 months. Hence, to avoid stamp duty and registration charges, leave and license agreements are usually for 11 months. In the given situation, you can make a complaint against the errant Licensor at the local police station and can make a private complaint against him to the Magistrate concerned under Sce.200 Cr. PC. You can also file a money suit before the Civil Court against the Licensor for recovery of money. Apart, a dispute between a tenant and landlord is also resolved under the state-specific Rent Control Act under which a Rent Controller or Addl Rent Controller is appointed to deal with the dispute arising out of a rent agreement between the parties. So, in the prevailing situation, you can file an application explaining your grievance against the tenant before the concerned Rent Controller to resolve the issue amicably. Reach out to an Advocate for guidance and steps.
since there is no agreement in place and everything is oral then whatever she (landlady) is claiming is not tenable in the eyes of the law and you should reply to her legal notice cautiously rebutting all her claims and allegations.
In case she wishes to move the court then so be it but it will not fetch much water for her
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