About the rent increase
sachin ahire
(Querist) 13 December 2014
This query is : Resolved
SIR,
I AM LICENCEE(TENANT)OF A SHOP LOCATED IN KALYAN MAHARASHTRA.I OPEN A MEDICAL STORE WITH THE LANDLORD WHICH HE IS DOCTOR AND RUN A DISPENSARY AT ANOTHER LOCATION,BUT AT THE TIME OF LEAVE AND LICENSE DOCTOR TOLD ME THAT OPEN A MEDICAL STORE AT MY BUILDING SHOP(WHERE HI IS RECIDING) AND I WILL OPEN MY NEW HOSPITAL IN SUCH BUILLDING.AND TOLD ME DO NOT GIVE ME ANY COMMISION FOR PRESCRIBE MEDICINE ONLY INCRESE THE MONTHLY RENT BYE 1000RS EVERY YEAR.INCRESE OF 1000 RS PER MONTH IS INCLUDED IN LEAVE AND LICENSE BUT ANOTHER CONDITION HE CAME AND OPEN THE HOSPITAL IS NOT MENTIONED IN THE AGRREMENT,ONLY VERBALY DICIDED NOW HE REFUSE TO OPEN A HOSPITAL NEAR MY MEDICAL SHOP BUT WANTED INCRESED RENT.THE RENT IN AREA(VILLAGE) IS 4000 TO 4500 RS.FROM JUNE 2013 TO MAY 2014 I GIVE HIM 5000 PER MONTH AND NOW I PAID 6000 PER MONTH SO THERE IS ANY PROVISION TO PAID RENT AS A OTHER SHOP HOLDER PAID RENT.NOW I REFUSE TO PAID INCRESE RENT THEN HE SEND ME LEGAL NOTICE TO LEAVE PRIMICES WITHIN ONE MONTH SO PLZ HELP ME WHAT TO DO
Devajyoti Barman
(Expert) 14 December 2014
Tenant is liable for increase of rent on the whims of the landlord.
If landlord insist then the tenant can apply for determination of fair rent in Rent Controller's office.
Kishor Mehta
(Expert) 15 December 2014
Sir,
You are goverened by Maharashtra Rent Control Act, as per the conditions of the Act the agreement of Leave & License has to be stamped and registered, and the terms and conditions of the Leave & License agreement are binding on both the Licensor & the Licensee.
Please, therefore, refer to the agreed terms and conditions and act accordingly. Verbal promises are not valid in a Court of Law.
Good Luck,
Kishor Mehta
sachin ahire
(Querist) 15 December 2014
thank u kishor sir but my qustion is IT IS MY DUTY OR NOT TO PAY SUCH HUGE RENT? OR THERE IS ANY WAY TO DECRESE OR MINIMISE THE RENT.
Kishor Mehta
(Expert) 15 December 2014
Sir,
You have to follow the terms and conditions of the registered Leave & License agreement, and pay the amount mentioned therein.
If, however, the agreement is not registered and you are in absolute possesion of the shop and if the licensor collects the rent against a receipt, or if the Licensor accepts the rent with a cheque, then in that case you can claim deemed tenancy.
It will be adviable for you to consult an advocate.
Good Luck,
Kishor Mehta
T. Kalaiselvan, Advocate
(Expert) 16 December 2014
The agreed terms and conditions are to be honored or vacate the place if you no more will be able to pay the agreed rent. Alternately you can apply for fair rent before the rent control court with the advise of your advocate, take one.
