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(Guest)

Questio on rent revision - tamilnadu

sir, i rented my flat  2bhk 700 sq ft brand new flat in tamilnadu for 10k about 2 years back ...it  was in a huge community and the builder was not ready with any of the external amenities yet at that time but they had already charged maintenance (2k /month)for a year in advance as part of the flat handover fee.. trying to be reasonable from my side, i didnt pass this burden to my tenant and collected only the rent of 10k for two years.this was agreed at the time of tenant move in as well - which is 1. rent will remain same for 2 years and no maintenance fee will be assessed for 2 years. the builder is stil l only half complete with the amenities even now (very slow progression and dealing with him on this is a altogether different ongoing legal issue), and i am trying to revise the rent to 12K plus applicable maintenance during the next rental agreement renewal..is this legal to do. we are talking about a rent increase of 4k /month here with maintenance..can the tenant deny this revision and use this as a reason to file a case and overstay...kindly advise..we usually do mostly email conversations with the tenant ..is it advisable to put this rent revision in an email..



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 3 Replies

T. Kalaiselvan, Advocate (Advocate)     05 March 2015

The original rental agreement is to be seen to render any suggestion to your query.  However, what is period of agreement and whether the same is a registered one or not?,  If the rental agreement period expired and a fresh agreement is to be made, you may include the proposed items in the fresh agreement, if the tenant is not willing to agree to the renewed conditions, you may ask him to vacate flat and look for another tenant.  He cannot stay there beyond the agreement period.


(Guest)

thank you sir. we had 11 months agreement.so not registered..the second term of 11 month is coming to an end.so was thinking of rental revision.i have no issues even if the tenant wants to voluntarily vacate but just want to be make sure that am playing within the rules of rent act i  i had to ask him to move out for not agreeing with the rental revision %.
 

T. Kalaiselvan, Advocate (Advocate)     06 March 2015

If the 11months rental agreement has not been renewed periodically, the agreement stands terminated losing its legal validity.  You may ask them to pay the revised rent or to vacate look for elsewhere. There is no hard and fast rule tom wait for the non renewed rental agreement period to come to end to implement the proposed  revision in rental amount.


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