My landlord allowed me to sublet their property. I rented it out, with the tenant paying Rs.15,000 to the owner and Rs.5,000 to me for furniture and maintenance. From the third month, the tenant started paying the entire rent to me. He became a nuisance to the neighbours and was asked to vacate, but refused. I filed a case with the Rent Controller a year ago. He eventually vacated but took the keys, demanding his advance even though he hadn’t paid rent for four months. The total rent arrears are now over Rs.2 lakhs. My opponent argues that the case is invalid because I am not the owner. My lawyer is unsure about our chances. The final arguments are tomorrow. Any advice would be greatly appreciated.
Best Answer
While subletting without the owner’s consent is illegal under the Rent Control Act, your landlord’s permission makes your agreement valid. The Rent Controller has jurisdiction as you were the tenant in possession and the tenant’s conduct was a breach of your sublease agreement. Your lawyer should highlight this and argue for your right to recover rent arrears.
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