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adv. rajeev ( rajoo ) (practicing advocate)     30 January 2011

Eviction of Tenent

Dear Learnment Members,

A owner has executed a 20 years regd.,lease deed in favour of a person.  Now owner want that property for his pesonal use.  Can the owner terminate  the regd., lease deed.
 



Learning

 4 Replies

GUDAKESH KUMAR (LAW OFFICER)     30 January 2011

The owner can very well terminate the lease deed is the if the deed provides a clause for premature termination for self use of the property.


(Guest)

But if there is no clause relating  premature termination for self use of the property then what is the solution ,only to wait for it?


Rajiv (Senior Consultant)     31 January 2011

There could be two scenarios here :

 1)      where the tenant is statutory tenant : in which case HE CAN move the court for eviction prior to 20 years lease period – even if there is no clause of termination of lease

2)      where the tenant is non-statutory tenant : in this scenario, even if the need is bonafide, no termination notice is of any avail. The tenant need not vacate, at least before the expiry of 20 years, agreed lease period.

 I’m presuming that the concept of statutory / non statutory is clear to you.

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     31 January 2011

The law is in  favor of tenants , just because proper care is not taken from initial stages and hence tenants may  face problems. Following are important situations and if proper care is taken landlord or tenant can benefit from it.

1)     Tenant should pay  rents regularly and demand rent receipts. If landlord does not accept rent or do not give rent receipts tenant can apply to the court for deposit of the rent in the court.

2)     Land lords can not increase rent , tenants  will get protection from court by filing suit for fixation of standard rent by the tenant.

3)     If there is no lease agreement or it is not registered the harm will be more to landlord than the tenant.

4)     It is a myth that eleven months leave and license agreements can be renewed again and again. It is not legal. The damage / harm  will be more to landlord than tenant.

5)     Landlords can seek possession for i) default for rent payment ii) sub tenancy without permission and major structural changes in premises without legal permission. Tenants by taking proper precautions can avoid these traps.

6)     Landlords seek possession for personal needs but they have to prove that landlord  will have more difficulties  than the tenant than only eviction is possible on this ground., otherwise not.

7)     The landlords and their advocates as a rule make mistakes in over confidence , only expert legal advice can help tenant to take its benefit and the landlords to avoid it.

8)     You must take assistance from  hard working and expert legal person since the beginning. Once the initial steps are lost no  body can help you. Most of the landlords and tenants just  do the reverse . They take advice from immature persons in the beginning  and run to experts at later stages when things go out of control so nothing can be done .

9)     It is a myth that law and courts are in favor of landlords. Read any Judgment in favor of landlord even up to SC and you will find that the tenant lost because he / she or their advocate did not take proper steps at initial stages.


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