I had given a shop on rent by 11 month lease agreement which is duly notarized...rent was 8000 per month..now this 11 month period got over and I came to know that market rent for this particular shop should be atleast 14000 per month..now tenant not ready to increase the rent and also refusing to vacate..In our expired lease agreement it was mentioned that if tenant refuses to vacate after expiration of agreement,he is bound to pay double renti.i.e 16000 per month as use and occupation charge till litigation continues(if any).
what should I do now..can I claim 16000 per month from court if litigation continues for long period..pls show me the path...
The term of the said lease has been expired. Therefore the said terms and conditions shall not be applicable to both parties. If your tenant/ lessee is unwilling to vacate the said property, do immediately serve a legal notice of eviction.
You can by all means approach the court for eviction and mesne profits. You can claim the amount on the ground that the normal rent has increased spirally, but not based on the agreement which has expired.
Anupama Ji, you have to follow the Tenancy act applicable in the state of Haryana and not the agreement between you and the tenant, if your shop is situate in that state. However no body can predict or guess the decision of the concerned court.