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Harindra Nath   16 August 2015

Landlord vs tenant

We have let out a shop to a lady who runs a beauty parlor in it. The rental agreement for the shop which was for eleven months ended in May 2015. The monthly rent was since  revised at Rs.3000/- . We have been requesting her to vacate the shop since April2015(orally) as the same is required for setting up an office of my own to run my Direct sales agency for home loans & General Insurance Agency of Bajaj Allianz, which I have been pursuing after my Retirement from LIC OF INDIA for my livelihood. The tenant has been dodging the matter of vacating the shop and issued a lawyer-notice to us stating that We are trying to evict her forcibly using threats and the sort, although we have been kind and soft with her only requested her to vacate. The shop is abutting two residential units of the dwelling which have separate entrance and the shop has no proximate access to any utilities like toilet and borewell water taps. However, initially when  she joined the shop , we allowed her to use these facilities  , that we meant for a small staircase portion which fell vacant just then, as gratis but never part of the rental agreement. That being so, for about 2 years now, the borewell has gone Completely Dry and the tenants of both the residential units have been purchasing water through pvt. Tankers by sharing the cost between themselves. The water position remains the same till date.  Meanwhile the tenant of the shop(beauty parlor) sent another Lawyer-notice demanding water to her shop claiming that water is to be provided to her essentially, it being a beauty parlor and the we are indulging in criminal act by preventing her from using the water that was actually purchased by residential tenants where we don't have a say.

pl. advise us as to the remedy. She is  capable and in the habit of making  false cases against us.

when the rental agreement does not specify any provision for water supply or toilet facility to shop, will it tantamount to any criminal act on our part? How do we counter this. Pl. guide us.

 



Learning

 2 Replies

Kishor Mehta (CEO)     17 August 2015

Sir,

Presuming your property is in Maharashtra, and the 11 month leave & license agreement is properly stamped and registered, the only remedy is for you to approach the Court Authorities for evicting the Licensee under Section 24 of the Maharashtra Rent Act 1999. However, please note, the terms and conditions of the registered Leave & License Agreement play a vital role.

Good Luck,

Kishor Mehta

Harindra Nath   18 August 2015

Sorry about that miss. My property is in Hyderabad, Telangana state.


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