(Guest)

Landlord wants steep increase in rent , with us for 70years

My Landlord has 7 Houses on Rent , We are having This House for last 70 years in our poccession and have been paying Rent regularly , All other Tenants are fight Court cases for last two decades on various matters .

* Landlord wants to increase Rent to current Market Rate But has not done any Repairs on Property for last 3 Decades and even did not allow us to carry out repair to broken Toilet near the House .

* Landlord is not ready to carry out Any Repairs But want to raise Rent .

* We still use the Property but due to damage / Lack of Toilet which was damaged by Landlord himself to evicit other neighbours, we were forced to Buy another Property for Irregular use .

* Other Tenant are still paying old Rent rates to a Bank Account opened on Courts Instructions .

We Do not have any Written agreement with the owner who is long dead but his one son who himself is not resident in his own property next to us is trying to harras us with new measures and tactics .

I want to know what Legally can be done to stop this or can we stop him from increasing rent by 2500 % without ready to provide any accomadation facilities or repair to the property .

Can we ask for any settlement amount from him to move out permentaly ???

Whats is the best possible move to take ?

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3 Replies

Chandrasen Upadhyay (Legal ) 13 June 2014

Dear Vinayak,

You have not informed about state/ locality where you stay. It is essential to disclose the state and location where the property is situated.

In India, property is subject matter of state and law about tenancy vary from state to state. However, one universal remedy you may have i.e. to file a complaint in local police station about your landlord's son.

Further, What is your right in property as tenant?? whether there is tenancy agreement or not?? Whether Landlord is entitled to impose high rent on tenant or not?? Which competent authority will fix the reasonable rent in your case ??---- these are few issues to be ascertained and disposed off by the proper court in proper jurisdiction which could be found out only in the concerned rent control act / tenancy act of the particular state where you reside.

But I would like to clarify that as per firm law of land in India, no one can drive you out without following the process of law, so be rest assured unless you are evicted by the court (if landlord move in the court) you may reside in the premise. In some state there is provision (even there may be some supreme court judgment also) that Landlord has to repair the building and provide adequate sanitary, utilities etc. other wise tenant may sue against landlord.

This is a discussion forum and you may like to contact local legal practicener for formal advice.

Rgrds

(Guest)

Sir i Stay In Goa , It was rented my grandfather since then my dad and me have stayed in the same house , Toilet facility which was build for all tenants was damaged by the Owner by illegal demolition at night , and my neigbour is already fighting a case on this matter in the court . But due to partial damage it was dangerous to use .

our request to repair it was also turn down by his family and we were told if tried they will put case on us , but after few years condition worsended of the toilet facility and we had to buy small flat to avoid embresement , since relatives and other familiy members avoided coming to our house due to lack of toilet .

Chandrasen Upadhyay (Legal ) 16 June 2014

Would suggest to see local lawyer. Your rights as tenant is well protected in laws. You may also join in the same legal suit which your neighbour has filed against land lord.

You may seek remedy from competent court/ authority for inter alia fixing of standard rent for the premises and its repair etc.

Your strong contention of the case is "You are in the Possession of the Premise" hence you are tatally protected under Bombay Tenancy laws....... where once the tenant is always a tenant and nothing but a tenant..