Legal Advice

Tenant has made substantial changes in premises without permission of landlord

Question: I am writing to seek your professional advice regarding a situation I am facing with my tenant. Over the past three years, my tenant has not paid rent, and I am concerned about the legal steps I can take to address this issue. Can I terminate the rent agreement based on this non-payment? Additionally, I recently discovered that the tenant has undertaken significant alterations to the property without my knowledge or consent. This includes filling a large cavity, which seems to have resulted from his negligence. He has also installed an extra bathroom, toilet, and kitchen on the premises without obtaining proper authorization. It appears that he neglected to properly fill the trenches used to lay sewerage and water lines, leading to structural damage such as cracks in the walls and ceiling. He has written that he has spent on filling up the cavity but has not given details of expenses. However, he is trying to link it with non-payment of rent. Given these circumstances, the tenant is now requesting extensive repairs to the property. I would like to mention that the tenant is 90 years old, and all of his sons have their own residences. It seems that he intends for his grandson to continue residing in the property as a tenant. I would greatly appreciate your guidance on the legal options available to me in this situation. Your expertise and advice will be invaluable in helping me navigate this complex matter. Thank you for your time and consideration. I look forward to hearing from you at your earliest convenience. P.S. How can I send the rent agreement cum compromise?

Advise

Tenant has no right to make substantial changes in premises without permission of the landlord. Installation of additional toilet without written permission of landlord renders breach of rental (lease) agreement. Upon breach of agreement, the landlord has the right to evict the tenant even without notice.

Contact the tenant in writing to express your concerns regarding the unauthorized alterations. Request a meeting or written response to discuss the issue. In some cases, tenants may not be aware that their actions violated the lease agreement, and they may be willing to rectify the situation.

Take photographs or videos of the unauthorized alterations to the property. This documentation will serve as evidence in case legal action becomes necessary.

You may need to provide the tenant with a formal notice to cure the violation (remove the alterations) or quit the premises (move out). The notice should include a reasonable deadline for compliance, usually within a specified number of days.

If necessary, you should file an eviction suit against the tenant on the ground to breach of rental agreement. This is a solid ground to evict him because alteration in premises causes serious injury to the property.

Shivendra Pratap Singh

Advocate

High Court Lucknow

Civil Law | Property

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