Renting the flat
Querist :
Anonymous
(Querist) 08 October 2010
This query is : Resolved
I rented out my flat in NCR on 11 months lease with no renewal clause. After the expiry, a new lease was executed for next 11 months. Tenant refused to leave after the expiry of the lease. I had no option but to renew the lease. How can I evict him?
• Rent in the current lease is less than what I am getting for another flat of same specifications. Is the tenant bound to pay me the (reasonable) rent I want? Can I offer him a lease with increased rent (which is inline with other apartment) when the current lease expires (if he still does not want to vacate)? If he does not want to sign this lease (with increased rent), do I have all the rights to evict him? Its like, either sign the offered lease or leave.
• After the expiry of current lease, can I offer him Leave and License? Is he bound to sign it or can he deny? Can the tenant be forced to leave if he does not accept the new Leave and License? Well, my understanding is that tenant will have to evict the premises after the expiry of Leave and License. He will have no right to stay and the rent control act, which is in favour of tenant, will not be able to protect him. Could you confirm?
• Am I, as owner, bound to offer similar lease as the current one or I can offer what I want?
Thanks.
Daksh
(Expert) 08 October 2010
Dear Anonymous,
You have not mentioned as to when the extention period is going to end. After then the lease becomes infructuous by afflux of time and you put the tenant to notice and get back your property.
Best Regards
Daksh
Querist :
Anonymous
(Querist) 08 October 2010
There is no extension. Its always a new lease of fixed duration of 11 months with renewal or entension clause. I thought I was clear.
As I have read on this site/forum that eviction of tenant is possible only in specific cases (not paying rent, wrongful deeds, property needed by the owner for personal occupation, ...). Also, the rent control act is in favour of the tenant.
On what basis are you suggesting that I can give just a notice and get back the property? Is it so simple?
Thanks in advance for answeing my query (in the first post) in relation to the right of the owner to offer lease/L&L as he likes or is he forced/obliged to adapt the document according to the last lease or tenant's wish. Can the tenant refuse to sign a new (offered) lease and still live in the property?
Amita Chaudhary
(Expert) 08 October 2010
in case the lease is not renewed or no fresh lease is executed, then it is preusmed that the month to month tenancy existed. well it depends upon the monthly rent amount, and state to state they amount is different, only tenants below that amount are protected under the Rent Control Act and not tenants otherwise, in Delhi the rental amount for envoking protection of Delhi Rent Control Act is Rs. 3,500/- and otherwise you have to file a suit for eviction... so you consult an advocate to proceed accordingly
Querist :
Anonymous
(Querist) 08 October 2010
The monthly rent paid by my tenant is 20000/- (according to the current lease). But other tenants are paying monthly rent of 24000/- for similar accomodation.
* Is he protected by rent control act?
* Is he obliged to vacate the premises if he is not ready to accept/sign a new lease of Rs. 24000/- pm as rent, after the expiry of current lease?
* Is he obliged to vacate the premises if he does not accept Leave & License, after the expiry of current lease?
* If the tenant does not accept the offered lease (terms) then is it goon enough reason to evict him?
* Will the court case take its own course or in my situation it will be faster?
s.subramanian
(Expert) 09 October 2010
I agree with Amita.
1. Any tenant is protected by the laws of the land.
2. If the rent is fair,his refusal to accept the same may give you a ground for seeking eviction.
3. Court proceedings extend upto the Supreme Court of India. Nobody except the Great Architect of the Universe knows about the time likely to be consumed in this regard. Try your chance.
Amita Chaudhary
(Expert) 09 October 2010
well he would not be protected under the Rent Control Act, give him a legal notice on expiry of the current lease deed giving him option either to accept your terms and conditions or vacate the premises..in your legal notice categorically say that the other premises in the similar locality are rented at so and so rate and after the expiry of the rent agreemnt you would be under an obligation to pay at a similar rate and specify the rate also... in acse even then he does not vacte then file a suit for eviction and bring on record the rent agreement of the other premises and the court when ultimately decided the matter would award you the similar rent amount.... but you have to lead evidence accordingly....
well next time you make a lease deed ensure that you have a clause for exemplary damages for each day of unauthroised stay.. well it may take time but now the Hon'ble Supreme Court is in favour of the landlords gone are the days of tenant. there are number of judgments on it now,
In case you are vigilant in pursuaing your matter then your matter may be decided very early.... all the best anyways..
Advocate. Arunagiri
(Expert) 09 October 2010
The only available solution is file a RCOP case for eviction. Till the date of eviction you can get rent.
