Krazy Krank 01 May 2023

Tenant renovating shop

this is a old tenant and he is renovating my shop without my permission and not stopping the work even after legal notice send by me.
He is not given rent from last 8 years.. he is sure that even if I file a case it will take long time to stand and take future proceedings. and also he is very old tenant.
I can't wait because he is removing my old roof and re constructing it.

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Quick Summary

A landlord is facing a difficult situation with a long-term tenant who is undertaking renovations without permission and has not paid rent for eight years. Despite legal notices, the tenant continues the unauthorised work, including replacing the roof. The landlord is seeking advice on immediate legal recourse to stop the renovations and address the rent arrears, as they are concerned about the time legal proceedings might take.

5 Replies

Dr J C Vashista (Advocate) 01 May 2023

What made you to stop you to proceed legally for evacuation of such tenant. ?

Contact your lawyer immediately and file appropriate case in jurisdictional Court, if you cannot use muscle power and throw away his belongings.

Advocate Bhartesh goyal (advocate) 01 May 2023

File immediately injunction suit against tenant and get him restrained by court..contact to local lawyer for immediate action.

Nitish Sharma (Advocate) 01 May 2023

The following will be some of the legal recourses available to you:

1. File an eviction petition under the relevant state rent control act, if applicable. If no state rent control act applicable, the eviction/ejectment suit will be filed under the provisions of Transfer of Property Act, 1882. You can further make applications for assesment of provisional rent.

2. File a suit for injunction before the concerned civil court and you will be able to secure an interim injunction qua the construction and/or renovation.

Please note that you can only recover arrears of rent for the past 3 years. It is highly suggested that you do so, otherwise it will be deemed that you have been sleeping on your own rights. The tenant may try to play some dirty tricks in such litigations.

Please do not consider the above as complete legal advice and do take some professional legal advise. You may contact me if you wish.