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YOGESHWAR. (ADVOCATE HIGH COURT-criminal /civil -youract@gmail.com)     02 January 2011

Invite problems of tenants

It is not easy to evict any tenant or raise rent. Still the tenants face problems / harrssment. Please post your problems we will give you simple , easy and workable  solutions.



 7 Replies

DIVYAA (STUDENT)     02 January 2011

Dear SIR, One of my relative has taken a DDA flat on rent of Rs.4800/per month in the 2004 and made the rent agreement of 11 months on Rs. 10 stamp paper(notarised) .Since then the landlord is increasing the rent @10% per annum while signing the fresh rent agreement each year(notarised @Rs.10 stamp paper) after the expiry of 11 months period.

Now the rent is Rs.7200/ per month and the occupancy is 6 years old.

Since last month the landlord is asking the tenant to vacate the flat as his present house where he resides is going to be renovated and he needs to be shifted at the flat the next month. Landlord is cleverly showing his need because the present house of landlord is 3 storey and the story of renovation is just to vacate the flat to RE-LET it on higher rate as the rent has become higher in the area .

The tenant uses the flat as residence cum office and needs 2 years time to vacate.

Pls. help sir,as yesterday the landlord came to flat to keep his bag of belongings in the absence of the tenant,the employee at the flat refused the landlord to keep his bag at the flat in the absence of the tenant..??

Why he came to keep his bag at the flat ??

PLS. HELP SIR and guide us whether we should go for litigation or let him go first. Because till date there is no dispute between the parties ,but when the tenant would ask him for 2 years time,the landlord would be furious..?? What to do sir..??

DIVYAA

bhagwat patil (Property due diligence 9422773303)     03 January 2011

file the complaint of trespass against the owner in  police station.

1 Like

YOGESHWAR. (ADVOCATE HIGH COURT-criminal /civil -youract@gmail.com)     03 January 2011

Tenants the law is in your favor , just because you do not take proper care and hence you face problems.

1)     Pay rents regularly , if landlord does not accept rent apply to the court for deposit of the rent in court.

2)     Land lords can not increase rent , you will get protection from court., file suit for fixation of standard rent.

3)     Do not sub let  because the sub tenants will be ultimately headache to you.

4)     Do not make any structural changes in the premises without legal permission.

5)     Reply any notice by taking most expert  legal advice only.

6)     The landlords and their advocates as a rule make mistakes in over confidence , only expert legal advice can help you to take its benefit.

7)     You must take assistance for hard working and expert legal person from beginning. Once the initial steps are lost no body can help you.

Bobby Mani T (Lawyer)     06 January 2011

Even if the landlord file petition for eviction.  Delay the case by applying for a commission report, thereafter you say that some vital points are not covered and further examination is needed.  This is only one of the delaying tactic.  there are number of other delaying tactics.  an expert advocate can apply them effectively.

you can get enough such tricks in book on rent control ISBN No. 9788190624534


https://lawbookshop.net/commentary-rent-control-laws-kerala-p-1304.html?currency=%26eu

1 Like

Mangesh Mane (Engineer)     06 January 2011

You can delay the case for your life time...............

Bobby Mani T (Lawyer)     11 January 2011

There is a judgment that can save you, 

The delaying tactics adoped by a tenant will not affect his right as a tenant and the rights given under rent control act

Mangesh Mane (Engineer)     11 January 2011

But there should be fare chance for LL as well as tenant, LL have to be very clear about his need


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