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rent agriment

(Querist) 19 May 2010 This query is : Resolved 
sir i want to ask an aggrement made in 1993 bet.the A& B for the period of 11 month for non ressidential purpose with the condition that the rent shall be incrised with 10% after every 3 yrs the rent aggerement is not renew after 11 month the tenent is in the possession of the shop now the owner want his shop back for his own bussness the tanent in not ready to vecate the shop he is asking money to vacate the shop the taent is at a good finantial possion the rent aggrement is not renew after 11 month sir please guide me what shoud i do
n.k.sarin (Expert) 19 May 2010
Madame rathode,first of all you must serve a notice to the said tenant terminating his tenancy and asking for possession within stipulated time according to the terms and condition of the agreement.If he does not vacate the shop move to the court.
B K Raghavendra Rao (Expert) 19 May 2010
Owner of the premises need to issue a legal notice terminating the tenancy and if the tenant does not vacate, he needs to file an eviction suit.
G. ARAVINTHAN (Expert) 20 May 2010
Send a legal notice stating that the premises in .......... address was leased out. your tenant not paid rent regularly, then period of lease over and state all thing. Then ask him to vacate and handover the vacant possession of the property.
H. S. Thukral (Expert) 20 May 2010
What is rent for the shop and in which state it is located?
archana rathod (Querist) 22 May 2010
thanku sir for your advice the shop is located at bangalore and the privious rent is 500 p.m after that the owner take 1LAC. rs as deposite and increse the rent amount for that no further agrement is made the rent amount is too less the owner wants the shop for his won bussness the tenent is not vacating the shop pleas guide me what can i do to get the shop back as soon as possible
H. S. Thukral (Expert) 23 May 2010
Apparently it looks that tenancy is protected under the rent control act which is a state subject. The Acts contain provisions under which a landlord can get the premises back from the tenant. Bonafide need of the landlord is one such reason in almost all the acts when he can claim back the property. Most of the act also provide summary trial in case of bonafide need. If your need is genuine and you don't have alternate suitable accommodation to meet your need, you can file an eviction petition under the rent control act of your state.
Since the matter should be skillfully handled, it is advisable that you hire the services of an advocate.


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