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Abhishek   20 April 2017

Tenant of shop for 30 years

I had taken a shop 30 yrs ago for rent on agreement basis & i have regularly paid & incresaed rents as well  every alternate year

shop owner now wants me to vacate the shop , I need to know what are my rights, i dont want to vacte as this shop is the only source of income 

Is there any rule that if i have stayed for so many years now i am having more right than original owner .

There are no arrears from my side .



Learning

 9 Replies

Kishor Mehta (CEO)     21 April 2017

Sir, The terms and conditions of the registered document and the rent act of your state will govern, the period of possession has no validity. Good luck, Kishor Mehta

P. Venu (Advocate)     21 April 2017

Continued occupation grants no special rights. However, a tenant could be evicted only on on lawful grounds. What are the grounds urged by the landlord?

LAXMINARAYAN - Sr Advocate. ( solve problems in criminal cases. lawproblems@gmail.com)     21 April 2017

It is not easy to vacate. Keep records of rent paid.

Abhishek   22 April 2017

I have paid all due rent till DEC 2016 , he has given me the receipts , from Jan till April 2017  i have not paid anything as he did not ask as well 

Shop is in Bangalore /Karnataka , multiple reasons : Landlord wants now for his personal reason , actually he is not telling the real reason may be he wants to

give it to new tenant for higher rent / wants to sell the building to sister .

He wants me to vacate in 2-4 weeks , he is threatning to put locks on shutter , can he do this , he can approach the legal way by giving notice , what are my

rights in this situation if he put his own locks  ?

 

P. Venu (Advocate)     22 April 2017

Non-payment of rent would certainly affect your cause adversely. 

Abhishek   22 April 2017

He wants me to vacate in 2-4 weeks , he is threatning to put locks on shutter , can he do this , he can approach the legal way by giving notice , what are my rights in this situation if he put his own locks  ?

 

LAXMINARAYAN - Sr Advocate. ( solve problems in criminal cases. lawproblems@gmail.com)     22 April 2017

Contact a local advocate and file suit in local court for injunction. He can not put lock, make police complaint for threats.

 

And irrespective of rent dues keep your stand before police that you have paid uptodate rent in cash and no reciepts given. Never agree before police for any time limit to vacate, what ever may be the pressure.Since no body can force you to vacate unless there is court order.

 

For rent dues if any you can always pay in court after filing suit either by you or even  by landlord,, this will not be the problem at all.

 

And for my advocate freinds and similar other victims of landlords, it is not easy for the landlord to prove default in rent. even it may be there .He has to produce accounts payment of taxes and earlier reciepts which are always missing.Landlord has also to issue notice which must be in confirmity of TP act. If it is not done the eviction suit will be dismissed on this count alone.

I have seen majority of even advocates making mistakes in drafting notice as per TP act. Most of the state rent control acts have provisions of issue of notice for eviction in confirmity of TP act by the landlord to the tenant prior to filing of any action in court.

Abhishek   22 April 2017

Thank You Sir..

P. Venu (Advocate)     23 April 2017

However, it is important that you should not default in paying rent regularly.


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