Eswarapandian (XYZ) 03 April 2011

Commercial Building

Dear Sirs,

Need your assistance. My family owns a commercial cum resedential property with 5 shops all rented out on the front side and we have our residence on the backside. Since the tenants occupy the building for a long time there was no aggrement made when left for rent. When we wanted to make some modifications to the house entrance we requested one of the tenant to vacate the permise he refused to do so. He currently has rented 2 shops.

He has property in the same road that he has let out for rent and many more commercial property in the city. However he refused to vacate the shop since its presitge matter and now has been paying rent to the court.

Is there any way we can vacate him ? We just need one of the shops he has rented out for our own purpose.

Also, please guide me on precautions that I need to take before renting out property in future so I can avoid this people.

Where can I go and check the current rent rates for my area ?

Thank You once again.

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3 Replies

Dibakar Ray (Advocate.) 04 April 2011

Hi,

As you have not mentioned the palce of your residence, i am giveng answer in common which may not totally applicable to your case.

As there is no Agreement, I presume you or the owner is giving rent receipt for the rent given by the tenants.

In most of the statue, one of the common ground is personal requirement of the landlord and as stated by you the tenant who has refused to vacate his premises own other premises within local precints of the locality and this can be used as a ground for eviction.

You can go in the office of the Rent Controller for assuring the fair rent and get the remises vacated.

Eswarapandian (XYZ) 04 April 2011

Dear Sir,

Thank you for the reply.

No sir, we do not provide receipt for the rent paid. The rent was collected by way of cheque and so we didnt not provide any receipt.

When we requested him to vacate the property he stopped giving rent ( no no cheque was collected for more than a year) but he has lied to court in this case that he started to give the amount by way of cash. And now he is paying the rent amount in court.

We are in total loss of the rent for a year and more over he is causing so much pain and difficulties to us.

He has rented out his property and collecting rent but he is refusing to vacate the property here.

(Guest)

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