Tenant
dev kapoor
(Querist) 04 October 2015
This query is : Resolved
Hi,
This is regarding a tenant's woes.Rather is a tenant in a small shop. Since 2000 paying agreed rent of Rs.700/per month.He came to me telling that landlord assured of repairs in the shop's roof etc and got a deed written from his agreeing to pay Rs.1200 per month.He paid renewed rent @Rs.1200 for 3 moths but LL did not effect repairs and threatened of eviction if Rather made fuss.
On my advice he has stopped paying rent and filed a petition before Rent Controller for settling proper rent.Rather has produced receipts of rent received by LL @ Rs.500-700 from his other tenants in same locality.
Now LL has sent a legal notice demanding rent @ Rs.1200/- per month.
1. If I send him at previous rate i.e. Rs.700/ per month,he will refuse;
2.If Rather deposits with RC at previous rate,this amounts to non-payment of rent giving a ground of 'default' for a suit for ejectment.......
Experts Plz advise.This is not ACADEMIC but a real case.
P. Venu
(Expert) 05 October 2015
Have you sought and obtained any interim relief in the Petition? Or else, I am afraid, any unilateral action amount to the party in a contract/dispute taking law into his own hands.
K.S.Srinivas
(Expert) 05 October 2015
What is the outcome of the suit?
Rajendra K Goyal
(Expert) 05 October 2015
Rent has been agreed at Rs. 1200/- which may have to be paid. If the agreement exist, try to get orders from court to get the premises repaired and deduct charges from rent in installment.
Rajendra K Goyal
(Expert) 05 October 2015
Rent has been agreed at Rs. 1200/- which MAY HAVE to be paid. If the agreement exist, try to get orders from court to get the premises repaired and deduct charges from rent in installment.
T. Kalaiselvan, Advocate
(Expert) 11 October 2015
If the agreement was made for enhancing the rent, it has to be honored properly or else it may be treated as default attracting eviction, decide based on the situations prevailing to avoid legal complications.
