S. CHANDRAKANTH (ENGINEER) 14 December 2009

STAY DURING RCOP IN COURT

I AM A TENANT OF AN INDUSTRIAL SHED FOR THE PAST 2 YEARS AND THE OWNER ALREADY FILED 2 RCOPS ON ME (ONE FOR INCREASE IN RENT AND OTHER FOR DEFAULT IN RENT (WHICH IS NOT TRUE)) RCOP FOR FAIR RENT IS JUST 6 MONTHS OLD AND IS THERE ANY CHANCE FOR THE LANDLORD TO GET SPECIAL STAY OR SOMETHING LIKE THAT TO STOP MY BUSINESS ACTIVITIES FROM THE PREMISES BY NOT ALLOWING ANY OUTWARD AND INWARD FLOW OF RAW MATERIALS AND FINISHED PRODUCTS. ACTUALLY ' DEFAULT IN RENT' IS NOT TRUE BECAUSE, AS PER RENT CONTROL LAW, WE HAVE INFORMED HIM THAT HE HAS TO KEEP 1 MONTH RENT AS ADVANCE AND NOT 12 MONTHS WHAT HE HAS COLLECTED FROM US. THE DEDUCTION OF ADVANCE OF 11 MONTHS ONLY MENTIONED AS 'DEFAULT IN RENT' BY THE LANDLORD. HE NEITHER MADE ANY AGGREMENT NOT ISSUED ANY RECEIPTS FOR THE 100000/- PAID TO HIM (OUT OF 120000/-) AS ADVANCE. I AM IN A DILEMMA WHETHER I CAN KEEP MY ITEMS IN MY FACTORY ITSELF TILL THE COMPLETION OF THE CASE OR HE HAS ANY CHANCE TO GET 'STAY' LIKE WHAT I HAVE MENTIONED ABOVE. ALSO IS IT POSSIBLE TO VACATE MY PREMISES DURING THE RCOP PERIOD AND TO CONTINUE THE RCOPS?

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(Guest)

RCOP cases are wholly relating to disputes arising out of rental and eviction issues and hence you need not absolutely worry about carrying on the business or stocking of raw materials in the premises. You are already recognised as tenant in the premises by your landlord. The merits of the pending RCOPs will be dealt with as per their procedures by your counsel. As regards the rental advance, it is only technically wrong to accept an advance of more than one month rent. You may legally claim the refund of excess 'advance' sum if you wish otherwise it will remain as (security) deposit with your landlord. But you cannot assume that the excess amount with the landlord be automatically adjusted towards your rental arrears, if any. Hence you shall pay your rent every month by separate direct payment otherwise you shall write a separate letter to your landlord asking him to adjust the excess amount with him towards your monthly rents and demand Receipt for such adjustments for your records.