Landord wants me to evict.
viswanathan
(Querist) 24 June 2010
This query is : Resolved
I am running a shop in Chennai for the past 23 years under a rent of Rs.2000/- per month. Rent is being paid regularly every month. My landlord gives receipt for rent paid only yearly (i.e. when 12 months are over he gives 12 receipts, waits for another 12 months and will give 12 receipts). In this circumstances, my neighbour tenant did not pay the rent for 2 years and is absconding. When the neighbour tenant was occupying his room, he gave one set of keys of his room to me for safe custody and also to attend phone calls in his absence. Now my landlord, is questioning me why i am in possession of the keys of the next room and came to a conclusion that myself and the neighbour tenant colluded to a plan agaisnt our landlord and he is asking me to vacate my premises and refusing to collect rent. I pleaded with me landlord that there is no misktake of mine in taking the next room keys, since i was only in possession of the keys, but not using the premises as my place of business or stacking place of materials. But he is very adamant to receive from my me and has given me 6 months time to vacate. Lastly, after a diligent search in full of Chennai city, I found the absconding neighbour tenant and spoke to him about the trouble by giving his keys to me and prayed him to meet our landlord in person, explain him the situation, handover the keys of his portion and vacate the portion immediately. He also met our landlord explained my innocence and handed over vacant possession of his premises. But still now my Landlord is angry against me and refusing to collect the rent (now 4 months has past) from me. Upon advice of a customer who is an advocate, i sent the rent through M.O., which the landlord refused and returned back. This shop is the only breadwinner for my family. I will loose my life if I loose this shop. What can i do in this situation.
niranjan
(Expert) 24 June 2010
Do not worry.keep sending the MO every four five months and wait for the LL to file eviction suit. I do not think he has any legal ground to file the same.
adv. rajeev ( rajoo )
(Expert) 24 June 2010
Rent control act is changed and it is in favour of the land lord. You have no choice except filing a suit for injunction as not to vacate the shop illegally.
Dont try to vacate the shop immediately,let him file a suit for eviction.
G. ARAVINTHAN
(Expert) 24 June 2010
rENT cONTROL aCT MAY BE CHANGED IN rAJOO sIR;'S PLACE. Not in other states
H. S. Thukral
(Expert) 25 June 2010
Consult a lawyer. The tenancy with amount of rent you are paying must be a protected tenancy under your state rent control act. The landlord can get the premises vacated in your case if he has bonafide need and no suitable alternative accommodation is available to him to meet the need. In my opinion it is not so and therefore you need not worry and keep your cool.
viswanathan
(Querist) 25 June 2010
I thank every one of the experts for their immediate and spontaneous reply on my query. All your expert advice has given me a moral support to face my problem with more courage and confidence. Thanks a lot once again. I shall post further queries if any.
