LAW Courses
LAW Courses

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

tenantissues (home)     19 August 2013

Eviction or fair rent ??

My family has a large 25 year old building with commercial shops rented out to various tenants (about 15 of them) and they have been occupants for a long time. None of the agreements are registered.

Recently, we tried very hard to negotiate new enhanced rents and it was a very long drawn out process as the tenants were not responding to us. Finally, the new rents negotiated is Rs.4000 per shop which they have been paying by cheque to us for about 6 months now. The prevailing rent in the area is about Rs.16-17 thousand for a similar sized shop. We very recently let out a shop in the same building by a registered agreement for Rs.13,000 rent per month.

Our trust and faith that the tenants will understand and increase rents keeping in view inflation and sharp hike of property taxes has been completely shattered. What was once polite greetings have turned into ugly glances now.

Many of them are just holding on to the premises as rents are very low. 

I do not wish to continue with some of them anymore. Should I ask them to vacate or file for fair rent? The reason I ask is that they cannot even afford to pay fair rent and will leave by themselves if the rent is sharply hiked. I would prefer if the process is less aggressive.

What does the court look into if I file for fair rent?

Also, there are a few small deviations in the building construction against the original sanction plan. 

Can the tenants take advantage of this fact?



 9 Replies

MANNE SN (Chief Consultant)     19 August 2013

Thank you for providing an Opportunity for Advising in this Matter.

 

First you Approach Municipal Authorities for  renovation . After getting sanction of Renovation, you ask them to vacate for renovating the House.It is only the Remedy.

It better you should have mentioned the City in which you are . before Proceeding you approach an Advocate nereby your place.

MANNE.SN,B.Com.,LLB.,

9133498366

A.SUMATHY 9380902017 (LAWYER)     19 August 2013

Better consult near advocate with all paper.

tenantissues (home)     19 August 2013

I did consult a reputed lawyer in my area. I am in Andhra Pradesh.

The lawyer says that I should seek eviction since I finally managed to get out of the rent control aspect and the tenants are being very stubborn and talking in a very unfair manner.

He also says that building permission / deviation is something that the tenant cannot take up strongly in court and the tenant can be asked to stick to the eviction topic only during court proceedings.

Is this right?

A.SUMATHY 9380902017 (LAWYER)     20 August 2013

Rent control act was state act. It will differ every state. 

MANNE SN (Chief Consultant)     20 August 2013

It is not easy thing to get eviction Proceedings from the Court because they are long Standing Tenants.Hence I have suggested to go  for in different manner of renovation. If he gets renovation Permission it is easier for the Owner to get eviction of the Tenants on the Plea of renovation either with Physical efforts of the Elders or from the Court.

MANNE.SN,B.Com.,LLB.,

9133498366

 

Manish Kumar Gupta (Deputy Legal Manager)     24 August 2013

Dear Sir,

As per deviation for the building plan is concern, that is not related to tenancy and the tenants can't take benifits that violation in eviction proceedings.

As per rent control laws for eviction you need valid grounds for eviction (for personal necessity or non payment of rent). Since you are having more than 15 shops ground of necessity may frustate and since they are paying the rent whatever agreed earlier the other ground is also very weak.

Therefore suggested ground for rennovation permission can help you for evict all the tenants in single go.

MANNE SN (Chief Consultant)     24 August 2013

Thank you Sir Mr. Manish,

Thank you very Much for Confirming Stand suggested by me. It is only the Alternative for getting Vacation of the Premises.The Owner cannot establish that all the 15 Shops  are required for his Own Purpose.

MANNE.SN,B.Com.,LLB.,

9133498366,

hyderabad

tenantissues (home)     25 August 2013

They are paying me above Rs3500 which is the rent control limit in AP state. Am I still required to provide a ground for eviction?

A couple of lawyers I consulted said that I can just ask them to vacate.

tenantissues (home)     25 August 2013

I was told the TPA act will apply


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  



Post a Suggestion for LCI Team
Post a Legal Query