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P. Naveen (Editor)     06 February 2024

Stay order

Dear Learned Counsels, 

My tenant gave me a Stay Order when I told him to vacate because he did not pay rent for 3 months consecutively. He is now continuing as a Hold Over tenant because I'm accepting the rent from him. The Rental Agreement expired many months ago. His advocate is extending the Stay Order since September 2022 for every 6 months. 

He is says he will vacate if I give him monetary compensation. I told him to wait since I don't have sufficient funds to do so. 

I want to know 2 things -- Can a tenant hold a landlord to ransom and blackmail? Secondly, during the existence of a Stay Order, can he make or build any new structures such as alterations without my written permission? 

I would highly appreciate your thoughts and input on this matter. 

Thanks in advance. 

 



Learning

 3 Replies

Advocate Bhartesh goyal (advocate)     07 February 2024

(1) No, If tenant tries to hold landlord ransom or blackmailing then take legal action against him. (2) No, tenant can't raise any construction or make alterations in rented premises without permission of landlord .
1 Like

Dr. J C Vashista (Advocate )     07 February 2024

I fully agree with learned expert Mr. Bhartesh Goyal ji.

Answer to both the questions is negative since the tenant cannot blackmail or take the landlord to ransom for the sake of continueing tenancy and the tenant has to seek permission of landlord / owner for additional construction.

You are required to take appropriate legal action against such tenant through a local prudent lawyer, if you have not engaged lawyer earlier when the tenant filed a case and obtained stay order from concerned Rent Controller / Civil Judge 

1 Like

P. Naveen (Editor)     09 February 2024

Many thanks Goyal Sir and Vashist Sir for your valuable inputs and advice. 


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