Rent hikes

fayaz ahmad (Querist) 26 January 2024 This query is : Resolved
hii
i am a tenant of a shop and the landlord is a corporation belonging to jk govt. They are increasing the rent by 10 percent every year unilaterally and adding it to the basic rent. we have refused to accept this. please let me know the cap laid down by the supreme court of india regarding hike in rent ..THANKS

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Tenants facing annual rent increases from landlords, especially government corporations, should check their rental agreements. If the agreement doesn't permit such hikes, tenants can refuse the increase and seek a court injunction. Landlords generally cannot arbitrarily increase rent by 10% yearly; increases must either be in line with the agreement or mutually consented to by the tenant. If the landlord breaches the agreement, tenants should issue a legal notice and consider depositing rent into their bank account.

T. Kalaiselvan, Advocate (Expert) 26 January 2024
You see the conditions of the rental agreement in this regard, if there's no such clause found in the agreement then you can refuse to pay it while approaching the court simultaneously seeking an order of injunction against them in this regard for the reasons you rely upon.

Advocate Bhartesh goyal (Expert) 28 January 2024
Landlord can't increase 10% rent every year arbitrarily. He can increase rent either in terms of rent agreement or with consent of tenant.If landlord violates the terms and conditions of rent agreement then do not pay him increased rent rather issue him legal notice and ask him to make available you his bank details so future rent may be deposited in his bank accoint

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