Shop on pagdi

Rohit Makkar (Querist) 22 November 2011 This query is : Resolved
Sir,
My father has a shop on pagdi on rent basis for around 19 years. We want to give it on rent to some third party, but the landlord is asking to pay 40% of the rent which we will receive for every month. Please suggest how can we sublet the shop in the right manner?

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ajay sethi (Expert) 22 November 2011
you cannot sublet the premises without consent of landlord . if you do so it would be a ground for eviction of you as tenant

Rajeev Kumar (Expert) 22 November 2011
Agree with mr.sethi

Raj Kumar Makkad (Expert) 22 November 2011
You may negotiate with your landlord up to 33% instead of demanded 40% as this is prevailing rate in such matters.

Kiran Kumar (Expert) 22 November 2011
subletting without the consent of landlord will invite eviction...once proved in trial court the finding is quite hard to be reversed.

its better to negotiate the matter with the landlord as advised by Mr. Makkad.

Rohit Makkar (Querist) 23 November 2011
Thanks to all of you,
We are already considering to negotiate with landlord and settle it at a lower price but is it OK to pay the landlord a fixed percent of rent every month?
Is there any other way to "sublet" the shop with landlord's consent, like obtaining a N.O.C. ?

prabhakar singh (Expert) 24 November 2011
I am replying only your last query as your first one has got replied adequately.

The ONLY WAY TO SUBLET LEGALLY IS TO OBTAIN

"N.O.C."OF LAND LORD IN WRITING ON WHATEVER

CONDITION HE AGREES TO CONFER THE RIGHT OF

SUBLETTING IN TENANT AND TENANT ACCEPTS THAT.

Raj Kumar Makkad (Expert) 24 November 2011
You can execute a fresh rent deed wherein sub-letting may be permitted confirming to all other terms and conditions and period from which you are tenant.