Owner does not accept terms in agreement


Hi,


1) I have a leave and license agreement with my landlord since march 2011 on a commercial property. According to the agreement, the maintainance of the society was Rs.300/- at the time I took possession. And it is also stated in the agreement that if the maintainance exceeds Rs.300/- the difference will be paid by the owner and not me. After like 6 months, the maintainance increased and the owner denied that such words dont exist in agreement and is also not ready to look in the agreement that such words do exist.

2) The agreement will end on March 2013 and I want to continue for next 5 years atleast. The rent right now is 11k excluding maintainance and he says he wants to increase it to 15k. Many of my frnds said the rent can be increased by 10% and he cannot increase the way he wants even if the agreement is ending.

Please advice me on this problem.

 

Thank you

Akshay

 

 
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Advocate

you need to go by the wording of the agreement if there is a nincrease in the maintenance charges and if the lessor is bound topay then you should ask him to pay it by writing to him.

even if he doesn't agree then you need to serve him a legal notice through an advocate.

 

Further, with respect to increase in rent yes rent should be increased by 10% only as a standard practice in the market. Bt, there is no way where landlord is restricted to ask a fix sum or percentage. so you need to negotiate with him or look out another property.

All the Best.

 

Regards,

Advocate Rohit Dalmia

9324538481

Mumbai


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