Hi,
We have taken a building on lease which has cellar, ground, first and second floor for touist guest house, the entire building is leased to us. On the top its open terrace where we installed solar heater and also erected Glow sign board with name of our guest house. We have been paying rent through cheque and we never defaulted. We have taken the bulding for lease period of 10 years, this is the 14 the month of the lease.
By seeing the business improvement the landlord want to construct another floor and want to run by himself, in that regards he is asking us to remove the solar and glowsign boards and he is saying not put anywhere in the building . Our reception is in the cellar, its a room partitioned with alluminim partitioning. Now he wants us to remove the reception, table chairs, everything. This is all to pesture us so that we vaccate the building and he can enjoy the whole building
The lease deed is not registered, i was asking the landlord from the beggining to come for registration everytime he gives an excuse and today he says the agreement is not valid as its not registered so you will need to vaccate the entire property if not obeyed his orders. in the lease doc its clearly mentioned that the cellar parking, ground, first and second floor is given to us on a lease.
In the lease document there is no where mentioned that the building is leased to run a guest house, also its no where mentioned that we can put cellar for reception and there is nothing mentioned about solar heater or glowsign board on the terrace .
Its our foolishness to believe the owner till now and had come to such an agreement where crucial points are missed.
Now my concerns are :
1) Can the landlord start construction of new floor when there is tenant staying in the building? which will cause disturbance to us and our customers. Is Open terrace not part of the building if not mentioned in the lease.
2) Implications of not having a registered lease deed. Considering our situation.
3) Do we have to specifically mention in the lease doc about having solar water heater, glowsign boards , AC compressors to have all these on the open terrace.
4) In the lease it mentioned as "cellar parking" for which owner claims you can park your vehicles but you cannot have reception. Where we have not done any structural changes to have reception.
5) Bottom line is due to bad intentions of the land lord, greed of money , as we developed the business till now and the land lord attemting us to vaccate , so that he can enjoy our hard efforts.
6) The landlord already sent us a legal notice to remove the solar water heater and reception. As its not mentioned in the lease document he wants us to remove, else will have send a notice for eviction.
Please advise how to handle this situation. I have always been friendly and obeyed all the orders of the owner but the land lord is forcing me for eviction. I have invested a lot and working hard to run my livelihood. I have 20 employees working with me. I am trying hard for self employement but got ripped off by believing the good words of the owner.
Thanks,
Rahul
