Harindra Nath 19 September 2015

Basic ameneties

I have let out a shop to a tenant who is running a beauty parlor. there was an agreement between us for eleven months from 15.6.2014 to 15.5.2015. the monthly rent is Rs.3000/- the agreement expired on 15.5.2014 and even before that date I have given her oral notice to vacate the shop since the same required for our personal use of my husband who is retired PSU employee wants to set up his own office for home loans and insurance agency. But till date she has not vacated and on the contrary issued a lawyer notice in June,2015 and July,2015 alleging that I am trying to vacate her and have stopped water facility to her shop.

the fact is , the shop as such was let out to her and no water supply was neither assured to haer nor made part of the agreement. She was allowed to use the common toilet which was about 60 feet away from her shop, on humanitarian considerations being a lady. As long as the bore well was supplying ground water, she was allowed to use the same in the toilets etc. But when the Bore Well went dry in the past one year, the residential tenants were purchasing water through tankers for daily needs at exhorbitant rates, during summer. the tenant of shop could not establish any rapport with the other tenants who were buying water and thus had a misunderstanding with them regarding usage of water conservatively. consequently the y refused to share the tanker water they purchased , with her.

i have therefore asked the tenant of the shop to make her own provision for water.

she is now demanding water from me as her basic amenity and refused to pay rent for Aug and Sept, 2015.

my house which is in Hyderabad,is constructed in 2005 and some advocates told me my property does not come under the purview of AP rent Control Act as amended in 2005. and that the tenant is on Month to Month basis and that she could be evicited through proper notice etc and that she could not claim for any basic amenities as so on.

will some expert advise me the next course of action by me . I am willing to avail the services of an experienced advocate in these lease matters.

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2 Replies

Subash M R (Advocate) 19 September 2015

Tenant can be vacated in accordance with law for the genuine reason of the land and what is considered by the court in this regard bona fide reason of the land lord who wants to set up his own office for home loans and insurance agency.

Thanking you,

Harindra Nath 20 September 2015

Thank u Mr. Subash. Could you please clarify whether my tenant can file for restoration of amenities even if my property is not under purview of AP rent control act and also despite the fact that water provision for the shop was not part of the agreement more so when it expired and the tenancy is on month to month basis? How is my tenant likely to proceed against me in the circumstances?