Can i say its monthly renewal ? in absence of agreement of tenant
Struggling Landlord
(Querist) 27 March 2012
This query is : Resolved
I own 9 shops in prime locality, rented since 1964 without any agreement, the rents are very nominal and are paying rent every month, the present MhRC 1999 provides stndard rent @4% per year on 1987 rate which is very low, As per receipts all tenants are monthly tenants whoes tenancy starts on 1st day of each english calendar month and ends on last day of that month, So can I say that their tenancy is renewed automatically on every month? Pl answer since in MhRC Act their is provision to demand deposite on renewal...So I will demand and file suite under relevant section
Raj Kumar Makkad
(Expert) 27 March 2012
As there is no formal rent deed so the tenancy is on month to month base. You can terminate the tenancy by issuing the notice under section 106 of Transfer of Property Act or may demand of increase of rent as per prevailing rates of the adjoining area.
SAINATH DEVALLA
(Expert) 27 March 2012
Dear Landlord,
In continuation to Shri Makkad"s reply, I am herewith sending you the Notice proforma,
Regd Ad/UPC/By Hand
Mr. (name of the (tenant)
R/o (address).
Sub:-Notice for termination of tenancy.
Dear Sir,
You are a tenant in my property bearing number (number of the property with address) I have not agreed for the renewal or extension of the tenancy nor otherwise permitted you to continue in occupation of the property in any manner. The tenancy period thus stands over from the said date.
I hereby through this notice ask you to vacate the said premises demanding the possession of the said property on or before (date) handover the vacant , peaceful possession of the said property in its original condition. Please take note that I shall be free to initiate legal proceedings for recovery of the possession , damages, costs, if fail to comply with the present notice and fail or ignore to vacate the premises in terms of this notice.
Thanking yours
Yours truly,
(name and address of the landlord)
H. S. Thukral
(Expert) 27 March 2012
First of all it is to be seen that whether the tenancy is protected tenancy under any state laws. If it is so then eviction of tenant can be only under special provisions as provided in the Act.
I don't go with the draft of the notice which in my opinion is faulty. a clear 15 days notice is required to terminate the tenancy if it comes under transfer of property act, i.e. if you want to terminate the tenancy from first May the notice should be given on or before 14th April.
Kiran Kumar
(Expert) 27 March 2012
I agree with Mr. Thukral.
Struggling Landlord
(Querist) 27 March 2012
yes thanks for all the replies, Its true that my region is protected under Maharashtra Rent Control Act 1999, So I think Termination of tenancy under 106 of Property act is not viable solution, But in MhRC 1999 act I can demand deposite on renewal, since rise in rent under MhRC is very meager, thats why I am asking whether monthly tenancy (in absence of agreement) can be treated as monthly renewal... thanks for all replies..
Struggling Landlord
(Querist) 28 March 2012
"In MhRC 1999 An important Non-Obstante clause is provided by Sec 56. of the said act which allows the landlord to demand any fine, or premium , or deposit or other like sum or any consideration in respect of the grant or renewal of lease of any premises." So I need to ask whether the tenancy is RENEWED after every month ? Can I demand a consideration for renewing my tenancy.? Pl give ur valuable opinion.. thanks in advance
