Shanthi Rajendren (Home maker) 15 July 2009

Rental Agreement

My husband and I got into an rental agreement with our tenant (for our residential property) in the year 1997. It has been 12 years and we have not revised the rental agreement. Also, during the same period in time there has been no hike in the rent paid by the tenant. The tenant claims that since, there was no clause in the rental agreement pertaining to an increase in rent, he was not expected to pay any increase. Would the tenant be correct in making this claim? Kindly do guide us on this issue. Thanks.

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Adv. Deepak (Advocate) 15 July 2009

Ms. Shanthi Rajendren, Kindly let me know what is the period for which the agreement was made initially and also whether it contains any clause that after the expiry period, the agreement will get terminated automatically. If it contains such clause, then send a legal notice to your tenant that you need the premises for your own use and for bonafide purpose and that he should vacate the premises within a period of fifteen days or else, you will initiate legal proceedings. Do not accept rent from the tenant. The last step is to initiate civil suit before Small Causes Court for eviction of the premises by the tenant. Regards.