increase in rent from old tenant is possible?
rpjain
(Querist) 29 January 2011
This query is : Resolved
Dear sir,i have purchased shop in ahmedabad during f.y 2009-10 in which 50% portion is occupied by tenant since 15 years who has paid rent of Rs.100 p.m to old landlord.now i want to know following
can i revise the rent according to current market rate i.e 3500 p.m ?
what is legal right available to me to vacat the old tenant?
kindly give opinion along with relevant act and sections.
Advocate. Arunagiri
(Expert) 29 January 2011
You can issue a notice to the tenant for demanding the revised rent and also request him to vacate the premises.
If he is not responding positively, you can approach the rent controller for fair rent and eviction.
M V Gupta
(Expert) 30 January 2011
Under the Maharashtra Rent Act, 1999 there is a new provision added to the effect that a tenant is required to pay annual increase in the rent at the rate of 5% of the existing rent. This is in addition to the permissble increases allowed in the Act such as for improvements made to the property, additional facilitites provided by the Land Lord etc.Pl check whether similar provisions are made in the Gujarat Rent Control Act.
As regards eviction you can get the tenant evicted only on the grounds stipulated in the Act / Agreement such as default in payment of rents, breach of the terms and conditions of the Agreement or requirement of the premises for LL's own use etc.
