Tenant menance
Vasudevan
(Querist) 29 May 2018
This query is : Resolved
Respectable Experts,
I have a small shop. I had given the same to a lady for monthly rent. She had enjoyed the same and given rent regularly for 2 years and left the shop to another person without my consent. On enquiry, she has informed me verbally that the person is her staff and she will come again to the shop as she is not well. For the past one year, the person was giving the rent regularly. Now, he is not paying the rent for the past 2 months. The original tenant is not traceable. I am not having any agreement with the present occupier. What is the legal action may be taken against the unauthorised occupant? Any police complaint against the person for unauthorised occupancy may yield any result? Please guide me.
Vijay Raj Mahajan
(Expert) 29 May 2018
It's not "Tenant Menace" but "Landlord menace".
For complete one year when your original tenant left your property and brought a new tenant or sublet the property to another person you were sleeping and did not move court for eviction order on this ground as you were getting rent from New person or tenant and when that fellow stopped paying rent since last 2 months, you searching free legal opinion from lawyers around.
You had condoned the sub-tenancy of your property now cannot back track your decision.
Get a written agreement done with this person and let the property remain with him on tenancy.
Ms.Usha Kapoor
(Expert) 29 May 2018
Regarding landlord Tenant relationship The Apex court has drafted a model landlord tenant agreement.
EW DELHI: The Supreme Court has drafted a model landlord-tenant agreement promising tenants five years of peaceful stay in the premises if they give rent at market rate, increase it by 10% every three years and pay the property tax for the house. If your current tenant does not meet these conditions you evict him in Rent control act on the grounds of subletting against the terms of contract and i8rregular payment of rent etc. You can quote from the above Supreme court decision. You can get tenants who'd fetch market rate rents.
It asked the tenants to pay up every charge accrued on the house to enable the landlord get the rentals without any deduction.
For further information please click the following link on this issue:
https://timesofindia.indiatimes.com/india/Supreme-Courts-model-rent-agreement-assures-tenant-5-yrs-stay/articleshow/8328837.cms
Guest
(Expert) 29 May 2018
You should have filed case on original tenant then asking ejection frm court. Now its too late. But file ejection suit. In next 20 years your shop might get vacated.
or best thing is sell the shop along with tenant. Dont go to court. Court will drag for next 20 years without no income from shop rent.
You sell it off. Let new seller evaacuate the shop.
Kumar Doab
(Expert) 29 May 2018
Hope you shall take IT positively.
One should discuss the matters with elders of your family, competent and experienced well wishers, and get proper legal opinion from a very able LOCAL senior counsel of unshakable repute and integrity specializing in concerned field of law say rent/civil matters and well versed with latest citations, LOCAL applicable rules/laws and having successful track record…. and worth his/her salt , before proceeding further and rushing to courts…….
Your counsel shall examine all docs, records, inputs and advise you properly on merits and chances of success………. And also hazards of retaliation from OP and counsels of OP.
One should avoid acting on one’s own in matters in which one is not proficient and should not initiate litigation on impulse.
Kumar Doab
(Expert) 29 May 2018
Hope you shall take IT positively.
One should discuss the matters with elders of your family, competent and experienced well wishers, and get proper legal opinion from a very able LOCAL senior counsel of unshakable repute and integrity specializing in concerned field of law say rent/civil matters and well versed with latest citations, LOCAL applicable rules/laws and having successful track record…. and worth his/her salt , before proceeding further and rushing to courts…….
Your counsel shall examine all docs, records, inputs and advise you properly on merits and chances of success………. And also hazards of retaliation from OP and counsels of OP.
One should avoid acting on one’s own in matters in which one is not proficient and should not initiate litigation on impulse.
Kumar Doab
(Expert) 29 May 2018
Do you know anyone at your LOCSAL location that can help you to get the shop vacated or sold without litigation?
Or is the price offered to you by said current tenant (by said sub letting) or said original tenant, or any buyer , is acceptable to you?
If NO or if you have already checked or if you do not want to follow the steps told by such persons then you may either resolve the matter amicably or approach your counsel.
You have posted many queries and by now the current counsels defending you would have already advised you on the shop matter also.
You and your counsel need to act in this shop matter also, as suitable to you, and ASAP.
In future pls consult in advance before taking decisions that can fetch litigation.
Kumar Doab
(Expert) 29 May 2018
Do you know anyone at your LOCSAL location that can help you to get the shop vacated or sold without litigation?
Or is the price offered to you by said current tenant (by said sub letting) or said original tenant, or any buyer , is acceptable to you?
If NO or if you have already checked or if you do not want to follow the steps told by such persons then you may either resolve the matter amicably or approach your counsel.
You have posted many queries and by now the current counsels defending you would have already advised you on the shop matter also.
You and your counsel need to act in this shop matter also, as suitable to you, and ASAP.
In future pls consult in advance before taking decisions to avoid complications and litigation.
Kumar Doab
(Expert) 29 May 2018
Do you know anyone at your LOCSAL location that can help you to get the shop vacated or sold without litigation?
Or is the price offered to you by said current tenant (by said sub letting) or said original tenant, or any buyer , is acceptable to you?
If NO or if you have already checked or if you do not want to follow the steps told by such persons then you may either resolve the matter amicably or approach your counsel.
You have posted many queries and by now the current counsels defending you would have already advised you on the shop matter also.
You and your counsel need to act in this shop matter also, as suitable to you, and ASAP.
In future pls consult in advance before taking decisions to avoid complications and litigation.
Kumar Doab
(Expert) 29 May 2018
Do you know anyone at your LOCSAL location that can help you to get the shop vacated or sold without litigation?
Or is the price offered to you by said current tenant (by said sub letting) or said original tenant, or any buyer , is acceptable to you?
If NO or if you have already checked or if you do not want to follow the steps told by such persons then you may either resolve the matter amicably or approach your counsel.
You have posted many queries and by now the current counsels defending you would have already advised you on the shop matter also.
You and your counsel need to act in this shop matter also, as suitable to you, and ASAP.
In future pls consult in advance before taking decisions to avoid complications and litigation.
Ms.Usha Kapoor
(Expert) 30 May 2018
I stick to the same opinion as above.
Vasudevan
(Querist) 30 May 2018
Much obliged by the advice of learned experts. Thank you very much once again.
P. Venu
(Expert) 30 May 2018
No criminal action lies on the issue. You may initiate action for eviction in accordance with the rent law prevailing in you State.
