Upgrad LLM

confused...please help


I have given a commercial property on rent with registered rent agreement for 4 years..monthly rent agreed in agreement was 50k per month with a hike of 5 percent annualy..but actual rent verbally agreed was 35k per month first year.

I was taking rent per month as 10k by cheque and 20k in cash and cash increasing as per annual hike.
Agreement also having exit clause of two months and also clause of use and occupation charge of 70k per month to be paid by tenants if tenants refuse to evict premises after agreement tenture gets over..

Now agreement got over and tenants refusing to leave from premises..

what will be the course of action further and how much payment court will direct tenants to pay me till matter is in court..what steps can I take to safeguard me??
 
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can they prove that rent was only 10k which was the amount they were paying only by cheque.please guide
 
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Tenants are also harrassing me by saying that u have received rent as cash and we can put u into income tax troubles..what's the solution to this situation..can they do so?
 
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1 year u took rent 35000 ok
2 nd 3rd and 4rt year 50000 per months witb hik of 5% per year rite
 
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Originally posted by : Anupama
can they prove that rent was only 10k which was the amount they were paying only by cheque.please guide

1.  File ejection suit.
2.  The case will go on for next 10=15 years.  Civil matter, just date date date, judge wont sit even for half hour and will get up and go, date again. Lawyer strike, court holidays, OP did not appear, some days you did not go, some days your lawyer did not go, some days OP advocate did not appear.  Few days judge on leave.  Judge transfer. etc all this will take that much time.
3. you cant do anything till case gets decided.
4.  Court will first ordder eviction.  Then you will have to file execution.  The OP will keep taking time.  Some day execution proceedings will happen.
5.  After that recorvery of rent due.  That too if they have money to pay you.  rent X 15 years = recovery possible? Most probably not possible.
6.  Then they should have some property in their name for court to realize and give to you.  Without which your rent is gone.  Forget interest getting.
7.  Then comes the IT tax evasion case which they want to file.  That will go on for 1-2 years, and you will have to pay money as fine for evading tax.  7 years jail for evading tax the way you claim to have taken cash rent.

Best is to go for out of court settlement.

Giving house on rent very big headache, only if you have capacity to withstand the above procedure you should give house on rent or else its better to give house on lease.
9.  Other thing is hire some goons and get the house vacated.  That will cost you money but you should get the right people to do it.  It should not be so that they get the house vacated and then occupy the house.  Double headache.  Think what suits you, you have been sufficiently advised already.

 
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If the rent agreement is over then its your right to get vacant ... by hook or crook
 
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as per your query if the term of the lease is expired, if the tenant is in possession of the property, the tenant will be in month to month basis till he vacate. First you have to give notice intimating him to vacate the premises within 15 days, then even after notice if the tenant is not vacating you can file suit for eviction and also you can pay for recovery of arrears of rent. During pendency of suit you can file suit for damages for every three years by adding 20 percent to original rent amount as damages. But if the tenant accept that he is tenant holding over the court will order him to deposit the rent in the court, but he must accept that he is tenant in the said premises. If you want I will provide Judgment.

V E MANOJ KUMAR

ADVOCATE

CELL NO 8686159292 

 
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Now a days if any suit is filed in the year 2018, the courts are giving schedule dates to complete the cases, It wont take 10 to 15 years. Now courts are very fast.

 
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Thanks Manoj ji...Can I claim rent amount according to agreement or according to cheque amount?
 
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Thanks Manoj ji...Can I claim rent amount according to agreement or according to cheque amount?
 
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