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Mr. XYZABC (Professional)     13 May 2010

30 yrs old tenant, Shop, Can landlord asks us to leave?

I am from rajasthan, my dad is having a rented shop from past 30 yrs or mayb even more, and landlord is also family frend, so for rent slip this landlord generally give it in a single shot, 12 slips together and we never mind coz of this frendly business.

now to shock, its been 11 months widout ne slips and landlord sent a legal notice, sayng that we didnt pay any rent.

any one can suggest us how to we go for it. considering few thngs, which i want you ppl to note again.

1. Shop: Source of Income

2. 30 Years Old tenant

3. 11 months widout any rent slip



 16 Replies

Sushil Kumar Bhatia (Advocate)     14 May 2010

If you are defaulter in payment of rent  landlord can determine the tenancy it is your fault youare paying rent   and landlord is not issuing receipt at the time of payment of rent without rent receipt  it will be treated non payment  secondly you are tenant of 30 years old this is not  an excuse the landlord can evict a tenant if he is in need of shop and tenant in default of rent  if landlord bring a case of eviction on the ground of his need a compared hardship will be balanced by the court

2 Like

Mr. XYZABC (Professional)     14 May 2010

i m nt aware of exact laws bt 1st is law cant ask tenant to vacant if its his income resource, and that too when rent ws paid, just slip is not there, and then as u say 30 yrs doesnt matter, then i guess it does, i hav seen cases, bt was expectng some exact laws so that i cn do my research at my own, neway took a lawyer and he says its very normal case and he can do nthng, bt still ws lilttle scared, though thansk for ur reply, if you can back ur comment wid some law, i wil really appreciate that...

K.C.Suresh (Advocate)     14 May 2010

Rent Contro; Act specify certain grounds for eviction. The receipt is not mandatory coz the tenent and land lord are fmly friends. So you can prove the payment of rent thorugh other sources like oral evidence. If you failed in this attempt to prove the payment,  the above mentioned  Act attracts.

Kiran Kumar (Lawyer)     14 May 2010

dear friend, every state has its own Rent Control Act.....find out the one applicable to ur state....u can have it from market and read it.

 

but the better option would be to engage some lawyer.

 

by mere long stay of 30 years, you have not become owner of the property and owner/landlord has every right to get you evicted provided he satisfies the grounds for eviction as provided by the law.

 

pls dont try to read the evidence in your personal language, things are to be proved as according to law of the land........the facts which are in your knowledge and connected with your case are to be proved in the court.

1 Like

G. ARAVINTHAN (Legal Consultant / Solicitor)     14 May 2010

Landlord is ever land lord. Tenant never be landlord even if he in the same property for several years. Landlord can evict tenant on many grounds.

G. ARAVINTHAN (Legal Consultant / Solicitor)     14 May 2010

even landlord can ask for demolition and reconstruction as the building is 30 years old and you are also admitting the same

N.K.Assumi (Advocate)     14 May 2010

Thanks to all the members for the responds. Here we dont have rent control act and evrythong goes according to the whims of the Land Lord.

Kiran Kumar (Lawyer)     14 May 2010

Assumi Sir, pls dont say it to be whims of a landlord, how can we blame a landlord..........after all he has invested money in his property, how can we let a tenant to be a parasite upon a landlord.

 

if it is seen properly, a tenant actually causes loses to a landlord in all terms.

 

i think there should be a legislation to simplify the procedure for eviction........simply serve a 30 days notice and get the premises vacated.

 

in most of the cases of long tenancy the tenants would pay meager amount and finally compel landlord either to part with heavy amount or face long litigation.

 

the tenants must know their duties and responsibilities, its better to construct own place rather living a tensed life.

3 Like

asher mohan (lawyer)     14 May 2010

Mr. Kiran Kumar Sir I Appreciate your feed back

Kumar Doab (FIN)     14 May 2010

Take the help of your local lawyer who has been handling property cases.

You will get clarity and can proceed for relief you are seeking.Don't delay.

Mr. XYZABC (Professional)     15 May 2010

thanks for all the reply

as i mentioned, we already took a lawyer, i just wanted to get assured that we are at safer side though lawyer assured abt same.

as "Suresh" mentioned, we can give evidence of rent paid, and even rent slips are there except for 11 months, for which we can show 4-5 neighbour-shop owner as witnesses, and old rent slips to show how we got them in a single shot.

i know 30 yrs doesnt make us owner, but law cant just remove a tenant from a shop, which is his sole income resource(or mayb it can)

 

G. ARAVINTHAN (Legal Consultant / Solicitor)     15 May 2010

Kiran is right. But the very fact is now, landlords went on litigation for decades

1 Like

Dhiraj Alagdeve (Advocate)     15 May 2010

The best solution is to have talks with the owner and ask for a settlement as you are having good relations by the date. If owner do not respond , go to the court of law on balance of convenience and prima facie ground that the only source of income is the said shop.

nidhi kalia (lawyer)     15 May 2010

I DO AGREE MR KIRAN KUMAR

1 Like

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