Gungun (None) 04 July 2011

Landlord Problem-- Asking More money everytime.

My Greedy Landlord being greedy day by day. I take his flat on rent in Feb 2010 (11 month agreement) and I am living here with my wife. So when it was summer in that year I wanted to installed AC and that time to permit the installation in the flat he asked for 5000/- finally settled for 2000/- for nothing whereas I said I I wont paid anything but I will fix your windows with new one when I will leave your home he didnt listened and I paid him finally. After 11 month started singing song for rental increament over and over but I never increased because its not possible to increase every 11 month. Finally its 4 renewal time is coming near and he is very strict now. And I also want to increase the rent. The current rent from Feb 2010 is Rs. 3000/- But the greedy landlord want forget 3000 also for current agreement. He said 6 month remain in current agreement so he want me to pay 3500/- for 6 month of current agreement where I have to pay 3000/- only and Then from new agreement he wants 4000/-. He dont want to listen anything say do or die. Stay or leave.

Moving is not easy for me. So much luggage and also invested on some infrastructure of this flat. I want few yrs more here (3-4 yrs) then I have plan to own my own house. But I dont know how to deal with these greedy Landlord. The agreement was made on Rs. 10/- stamp paper. He made one copy of stamp paper agreement and gave me its xerox copy only. How can law/court help me?

When ever I have any problem I complain he said clearly you can leave just like to blackmail as he know people invest on infrastructure cant move so easily.

I want rent 3500/- or maximum 3600/- and thats also from next agreement not in mid of current agreement.

As a residence proof at this flat I have telephone Bill on this address from 2010/ CC statement/Bank statement etc.

Please Advide. I am from West Bengal.

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9 Replies

(Guest)

Is it a leave and license agreement? Or it is as per Bombay rent control act?

Gungun (None) 04 July 2011

I dont think its according to rent control act of our state. It is written in the agreement in one point if 11 months expira I have to pay 200/- per day untill I left the house. But It was always renewed in last 2 yrs.

(Guest)

He cannot hike the rent in the middle of the term, he can only do so upon expiry of the lease.
Your agreement is not even valid with the Rs. 10 stamp. I am posting a similar thread from LCI

author : Anonymous Posted On 19 July 2010	I want to know what is the Stamp duty and registration charges for a 11 months Leave and License agreement of an apartment together with refundable security deposit of value 3-4 lacs in KOLKATA?


Expert : Devajyoti Barman Posted On 19 July 2010	It is Rs 100/- but the state of west bengal does not recognise the concept of leave and license and the same can be treated as tenancy agreement if disputes go to court. It is better to make some important corrections.

1 Like

(Guest)

Now you can push the landlord that your agreement is not valid and he must execute a valid agreement with you, with all the terms spelled out properly. There are some supreme court guidelines laid down for increments in rent but those are only guidelines not laws.

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Gungun (None) 04 July 2011

He said just accept the term or he wont renew agreement anymore. Just pay 3500/- from now and from new agreement he want 4000/- accept it or leave it. I dont have original stamp duty paper on which we both signed to agree but He has it original he gave me xerox copy of them. Can I go to court with these paper only? I paid him rent with Account payee cheque so have Bank statement of the rent paid. Thank you.

Gungun (None) 07 July 2011

Today Landlord called and want 4500/- as new rent. See this greedy want everytime rent increament. Also said he want 10% increament every 11 month. Can I go to court? I have only Xerox copy of the 11 months agreement. I paid him rent on A/c payee cheque. Pleae help.

Dipangkar (Business) 08 July 2011

@ Gungun,

As you are in West Bengal, I think it will be the Urban Area Rent Control Act that will be applicable in your case.

First let me point your part of the fault before condemning the landlord. You said that "and also invested on some infrastructure of this flat". You cannot do that. It will be a violation of your Tanancy conditions, until you have a written consent to do so from your Landlord.

Now about the greedy landlord. The Landlord cannot increase the Rent @ greater then maximum 50% of the previous Rent, that also only after five years.

When you will be a "Tanent at Sufference", i,e after the expiry of the Rent agreement, You can deposit the Rents at the Court, And also if you can get the rent fixed by a rent Controller, you will get a relief of having to pay the fair rent for the building. "Fair Rent" is neither for the Landlord, Nor for the tanent, but for the Building itself.

But BEWARE, even if there is a saying that the Rent Control Act is in favour of the Tanents, there are lots of LOOPHOLES in the Rent Control Act that provides HIDDEN SUPPORTS for the Landlord to win, as the landlord IS THE REAL OWNER OF THE PROPERTY.

Ultimately, the Court may Direct the Landlord to Renew the Agreement with you, or you may get evicted as a Defaulter (If you fail in paying the Rent).

Hope you don't spoil your Time, Money, Peace of Mind & the Next 20 years in trying to settle such a case. Landlords never gives up even if they have to fight with Tanents for five generations.

Dipangkar (Business) 08 July 2011

Originally posted by :Uma
"	Your agreement is not even valid with the Rs. 10 stamp. I am posting a similar thread from LCI author : Anonymous Posted On 19 July 2010 I want to know what is the Stamp duty and registration charges for a 11 months Leave and License agreement of an apartment together with refundable security deposit of value 3-4 lacs in KOLKATA? Expert : Devajyoti Barman Posted On 19 July 2010 It is Rs 100/- but the state of west bengal does not recognise the concept of leave and license and the same can be treated as tenancy agreement if disputes go to court. It is better to make some important corrections.	"

I think that Rs.100/- is for the "leave and license" agreement, not for a Rent agreement. I have a similiar question here at LCI, but still no reply so far.............

https://www.lawyersclubindia.com/forum/Validity-of-a-Rent-Agreement-40077.asp

1 Like

Gungun (None) 08 July 2011

@Dipangkar

"First let me point your part of the fault before condemning the landlord. You said that "and also invested on some infrastructure of this flat". You cannot do that. It will be a violation of your Tanancy conditions, until you have a written consent to do so from your Landlord."

I need to elaborate the above part little more.

The investment in infrastructure mean by me the installation of AC for which Landlords charged me 2000/- itself and for installation and other cost was borne by me + flat was complete new there was not even electricity light. I I brought every light fixture like tube light fittings + Purdah fittings with purdah + Kitchen rack. I needed everything according to needed here so moving suddenly make my all these cost waste + additional cost of moving + brokerage charge if broker help me to find new flat.

So all these are the blackmail so I raise the rent.

I dont want this flat for lifetime but I want few more yrs 4 yrs around. I need this time to arrange my own acomodation but if I raise rent this way no way I will have mine ever.

I found the agreement paper which I had agreement with him. It was on Rs. 10/- and then Rs. 20/- on renewal. It is leave and license agreement. I have only Xerox copy of it as Owner dont provide original.

Thanks.