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Anindita Roy (Law officer)     13 December 2012

Legal advise

Pls let me know what remedy is available to a tenant whose landlord has vitiated the contract of rent and has increased the rent to an hefty amount?

Illustration: A gives B his house on rent for 11 months for Rs 10,000/-. Now after expiry of 8 months he says that he is increasing rent by 15,000/- and if tenant is unable to pay he has to evict premises. What is the remedy left to tenant?


 3 Replies

Santosh Sharda (self)     13 December 2012

From your query it appears that it is a leave and license agreement.  The relation between them is not of a landlord and tenant, but of a licensor and licensee.  Once the license period has expired, the agreement comes to an end and the licensee (as you refer as tenant) has to either vacate or enter into fresh leave and license agreement as mutually agreed.  If they do not mutually agree, there is no option for the licensee but to vacate, subject to the refund of the deposit paid if any.

Anindita Roy (Law officer)     14 December 2012

Thank you sir for your advise. But the agreement was a rent agreement of lease itself. pls clairfy what made you think it was license and not lease?

sahil gupta (Advocate)     17 December 2012

 He may firstly give a legal notice for specific performance, therafter summary suit for the same after obtaining injunction (Although the legal process ultimately brings harrassment to both the parties. Since he is a tenant, owner would be afraid of any kind of injuctions on the propety).

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