Indian Real Estate

Can the landlord seek to occupy his own House?

Krishna, the owner of a two-bedroom house in a Municipal town has leased it out to Ramesh. The tenancy was running peacefully for over a year. Suddenly Krishna found it essential to shift to his own house as it was located nearer to the school where his two children studied. It was also more convenient for his wife to travel to her work place. He requested the tenant to vacate the house. Was he right in doing so?

On the ground of personal needs, the owner has a right to seek for the cancellation of the lease contract and there is an obligation on the tenant to vacate the premises, provided he’s given a reasonable notice period. Ramesh sought two months time to vacate the house, which was agreed upon as per the terms of the contract. Ramesh vacated the house within the stipulated time.

Then Krishna suddenly changed his mind and wanted to lease his house again to somebody else. Can he do it? As per the law, Krishna cannot let it out, either fully or partially. Once he takes the possession of house for his own residential purpose he is precluded from letting it out to others.

Landlord’s right to occupy his own house

According to Section 10 (3(a) of the AP Buildings (Lease, Rent and Eviction) Control Act, 1960 “A landlord may subject to the provisions of clause (d) apply to the Controller for an order directing the tenant to put the landlord in possession of the building (i) in case it is a residential building — (a) if the landlord is not occupying a residential building of his own in the city, town or village concerned and he requires it for his own occupation, (b) if the landlord who has more buildings than one in the city, town or village concerned is in occupation of one such building and he requires another building instead, for his own occupation.

If the landlord has two houses and occupies one of them, he cannot occupy the second house too, unless he has a bonafide reason for it. The Controller has to examine the genuineness of the claim of the landlord, and if it is proved to be correct and his need to occupy is established, he may order the tenant to vacate and direct him to hand over the possession to the landlord.

Tenant’s claim for possession

According to Section 10(5)(a), the owner has to occupy the building for which he secured the possession within one month. Having occupied it, if he vacates without reasonable cause within six months of such date, the evicted tenant gets a right to apply for restoration of the possession of that house.

Government’s power to occupy

If the Controller thinks fit, he may order the restoration of the possession to tenant. Where a tenant is entitled to apply for possession under clause (a) fails to do so within one month from the date on which the right to make the application accrued to him, the Government or the authorised officer shall have power, if the building is required for any of the purposes, or for occupation by any of the officers specified in the law.

# posted by mashup @ 9:42 PM