Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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Kumar_JrLawyer (Jr.Lawyer)     15 November 2011

Rent increased by landlord every 11th month

Dear Sir,

I am the tenant in Hyderabad. After 11 months of 1st year my landlord increased from Rs.10000 to Rs12000 rent. Instead I gave rent with 10% increment and he accepted for Rs.11500. Right from the starting he refused to give rental agreement and rent receipts. This clause of increasing the rent every 11th month was never discussed by Landlord before renting the house or taking the 2 months rental advance. Now again after 11 months of 2nd year he wanted to increase the rent from Rs.11000 to Rs.13000. He asked me new rent but I refused to give increased rent, , then landlord asked me to vacate immediately.

 

Rent is paid through bank cheques only on or before 10th of every month. Bank Statements are available as proof.

 

Please give me your valuable suggestion to proceed further.

 

 

Thanks
P.Kumar


 



Learning

 11 Replies

Isaac Gabriel (Advocate)     15 November 2011

If there was a clause to raise rent every 11 months in the rent agreement, you have to abide by it.If you feel the rent is excessice than you can plead with the rent controller. In qny event, the relationship will get srrained.

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     15 November 2011

Yes you have to be ready to go to the court than no increase will be allowed.

Kumar_JrLawyer (Jr.Lawyer)     15 November 2011

Hi Issac,

As stated above....

"Right from the starting or Day 1 my landlord refused to give rental agreement and rent receipts". Therefore there is no agreement made between Landlord and myself to increase the rent every 11th Month by Landlord.

Is there any clause in Rental Agreement Act to increase rent every 11th month for a purely residential property.

 

Thanks
PKumar

Sankaranarayanan (Advocate)     15 November 2011

yes every 11 month normally the owner will hike the rent amount. it is normal and routine , As simple as if your not willing to continue or feel the owner demand more amount as rent, then either vocate the place . or pay it.

Kumar_JrLawyer (Jr.Lawyer)     15 November 2011

Hi Sankar,

 

Please forward me the link which clear states that as per Rental Control Act the rent need to be hiked every 11 months thou an agreement is not made between the Tenant and Landord. As far as my knowledge is concerned 10% hike is accepted only after 3rd Year and followed by 5% every 2 Years.

Thanks
P.Kumar

 

BINAYAK SHAH (SENIOR MANAGER)     16 November 2011

Please check whether  the agreement between you and landlord specifies clearly about the duration and amount for increase in rent. Both of you need to follow the terms of the agreement. However, you should demand for a copy of the agreement as you are a party in the agreement

I.S.Roy,Advocate (Advocate)     30 November 2011

Dear Kumar Then contact me immediately if there is no agreement then a eminent advocate will do miracles so, you must disclose every this clearly to the advocate with regards I.S.Roy, Advocate

Tripti Nagwekar (Owner)     10 September 2012

Dear Mr. Kumar_JrLawyer

Please give me the section for your say

Hi Sankar,

 

Please forward me the link which clear states that as per Rental Control Act the rent need to be hiked every 11 months thou an agreement is not made between the Tenant and Landord. As far as my knowledge is concerned 10% hike is accepted only after 3rd Year and followed by 5% every 2 Years.

Thanks
P.Kumar

Om Shanker Shrivastava (Environmental Lawyer)     11 September 2012

Dear Gentleman,

The Rent Control act favours the tenent in many ways, Once you think of going there, your landlord may try to disturb initially BUT Later will keep begging you man..

By The way hike as demanded above even it is mentioned in the rent agreement any amount of % between parties is not valid in the eye of Law.

If you really serious to teach the lesson to the land lord and fight for your right just go ahead and put an application stating your grievances at Rent Control Officer in your city...

Om shrivastava Adv

bhopal

Tripti Nagwekar (Owner)     11 September 2012

Where is the rent controllers office in your area?

ashok kumar (Social Worker)     13 December 2012

Tripti & Om Shanker have given the correct reply

Even if the tenant has signed and agreed to a rent deed which stipulates say a 10% increase, it is not valid as per the rent control act

But it has to be ascertained whether rent control act is applicable to your premises

There are very technical legal stipulations inteh law and not all preimses are covered under the RCA


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