Ritz 13 May 2017

Licensee eviction earlier being a tenant

We have a row house in Daman from Portuguese times, where a portion of it was rented out as commercial shop in 1998 for 5 years via registered lease agreement which expired in 2003, there were no agreements made between 2003 till 2010. then new registered lease agreement was made in 2010 for 3 years which expired in 2013, thereafter we have been making 11 months license agreements FY 2013/14, 2014/15, 2015/16 and 2016/17 being notarized agreement, latest one got expired on 30 April 2017. Now we want to evict the tenant and get the possession back, I've served him 2 months formal (not legal) notice to tenant twice to vacate premises on 3rd and 15th march directing him to vacate the shop by end of expiry of agreement, which tenant didn't accepted and refused, now instead of moving out, tenant has sent me a notice via his advocate indicating rent control act, mentioning market value of rented portion and fair rent of the same respectively, where tenant's advocate is asking for anything claimed over fair rent till date to be refunded back compared to agreed rent on agreements, and stating we are eligible to claim fair rent from now on, it indicates that tenant has no intention to move out. Tenant already has his multiple properties which he has rented out to others plus multiple flats as a residence. In his 2 Storey building, he has rented his ground floor and instead of utilizing his own space for his business, he has advertised his 1st floor space as "shop for rent" and don't want to move out from our premises intentionally Please assist me in on my below queries 1. Does this Goa, Daman and Diu rent control and eviction act 1968 applies to us even after the expiry of lease agreements(1998-2003 and 2010-2013), followed by license agreements (2013-14, 2014-15, 2015-16, 2016-17) and tenant is still doing business even after expiry of last agreement 2. How do we remove/evict tenant who has been overstayed even after the expiry of lease and license agreements respectively 3. On which grounds can we evict tenant? as he has been paying low rents (3 times less compared to current market rentals) via cash mode and we never issued any receipts 4. How to break this landlord tenant relationship, is it through making a new lease or by leave and license agreement or something else can be done 5. Can we file FIR police complaint to get him vacated via police? 6. Can we get a stay order on his business, if it happens to be a court case 7. Can we claim penalty of 3 to 4 times of rent from tenant for overstaying after expiry of agreement

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2 Replies

saravanan s (legal advisor) 14 May 2017

Since you had given notice and he is still not vacating the premises he is considered to be illegally occupying the premises.you got to file a eviction suit to evict the tenant.also since this being a civil matter you can't take the help of the police in evicting them

Advocate Ravinder (Advocate/Attorney) 14 May 2017

1. Does this Goa, Daman and Diu rent control and eviction act 1968 applies to us even after the expiry of lease agreements(1998-2003 and 2010-2013), followed by license agreements (2013-14, 2014-15, 2015-16, 2016-17) and tenant is still doing business even after expiry of last agreement

--You have not mentioned what is the rent amount and what is the age of the house. As per Telangana Act if the rental value is Rs. 3,500/- and above and the age of the building is above 15 years, rent control act comes into play. Otherwise, Transfer of Property Act will attract.

2. How do we remove/evict tenant who has been overstayed even after the expiry of lease and license agreements respectively.

-- If rent control Act, he is having right to stay. You have to evict him through court order. Even you mention as leave and licence it is deemed as tenancy only, since you are taking monthly rent.

3. On which grounds can we evict tenant? as he has been paying low rents (3 times less compared to current market rentals) via cash mode and we never issued any receipts.

--Answered above.

4. How to break this landlord tenant relationship, is it through making a new lease or by leave and license agreement or something else can be done

--You can break the relationship only through court.

5. Can we file FIR police complaint to get him vacated via police?

--NO

6. Can we get a stay order on his business, if it happens to be a court case

--NO

7. Can we claim penalty of 3 to 4 times of rent from tenant for overstaying after expiry of agreement.

--NO