Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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Rakesh Kumar (Private)     12 November 2011

Victim of tenant by landlord

Hello Sir

I am the tenant. After 11 months my landlord increased from 7000 to 10000 rent without intimation. Right from the starting he refused to give rental agreement and rent receipt, not only for me other tenants also. He asked me new rent but I refused to give increased rent ,instead I gave rent with 10% increment, then landlord asked me to vacate immediately. There was some argument happened. next day landlord said  we dont have agreement and asked me when you gave the advance. Few of the tenant fought and left but I filed a case and got stay order against my landlord for increasing rent and to secure my advance amount. Now he issued a notice saying right from the starting I am giving 10000 and I was not paying rent for last 5 months to tally my advance but its not true. Please give me your valuable suggestion to proceed further.

Thanks in Advance

Bala.



Learning

 22 Replies

SURESH GODBOLE (ADVOCATE)     13 November 2011

Put an application in Court saying that the Owner has principally ACCEOTED THE FACT THAT I AM A TENANT AND HAVE BEEN PAYING HIM RENT

ONCE THESE TWO FACTS ARE  ACCEPTED ,


There is a dispute over the amount of RENT being paid

Tell the Court , to come over this problem , I now seek the Honble Courts Order to get the Rent calculated by the Rent Controller in the city AS PER NORMS , the rent per SQ FEET , and pay the Rent Accordingly .


The Honble Court will have to give permission , as there is no other alternative

I am sure the Rent will come down to only 2000 -2500 and start depositing the amount in Court , if the Landlord refuses by asking Courts permission

With this be sure of 15 yrs stay in the same premises happily

V R SHROFF (Sr. ADVOCATE Bombay High Court Mob: 9892432152)     13 November 2011

11 months means u signed a LL Agr??

Which City? 

Any written Doc , u r Licencee or Tenant. [His Notice will support u]

Thses r vital Legal Point_ Rest Adv Suresh is right. <15yrs & or settle as per area/ location. 

Rakesh Kumar (Private)     13 November 2011

Hello Sir

Thanks for your reply

I am  a Tenant from Bangalore. I haven't signed any agreement or doc yet. I have asked rental agreement several times but he use to tell me some reason like will be given; but never.

Regards

Bala.

Rakesh Kumar (Private)     13 November 2011

Thanks suresh. It was indeed valuable info.

V R SHROFF (Sr. ADVOCATE Bombay High Court Mob: 9892432152)     13 November 2011

Bala, lagi lottery , ur possession is ur ace card Let him prove no tenancy, file rae suit u have nothing to loose, he is at looser end w/o any gain, go ahead.

Norbu Lama (Finance Officer)     14 November 2011

I agree with the views.

Rakesh Kumar (Private)     14 November 2011

Thanks SHROFF sir

Since My landlord sent a notice saying right from the starting I am giving 10000 and I was not paying rent for last 5 months to tally my advance even though its not true. I have couple of  questions in my mind as

1. He too does not have proof that I was giving 10000INR. Will this be valid point to prove?

2. I have copy of rental agreement who is staying at 1st floor with rent of 7600. Will this helpful in anyways?

RAJIV BHASIN (ADVOCATE) (Bhasin Legal Consultants(SOLICITORS & ADVOCATES) bhasin.laws@yahoo.com 9811210505)     14 November 2011

Dear Bala,

Don't put yourself in trouble. Reply the notice immediately from goods lawyer. you are not on recieving end do as suggested by Mr. Suresh and Mr. Shroff.  I too have same view. File immediately suit for permanent and mandatory injunction before the city civil court bangalore.

Regards

Rajiv Bhasin

Advocate

Bhasin & Associates

9811210505, 9868635640

Rakesh Kumar (Private)     14 November 2011

Thanks for your reply sir

FYI, Before his notice I have got injunction order from city civil court.

Regrads

Bala

SURESH GODBOLE (ADVOCATE)     14 November 2011

now go in for rent calculation from Rent Controller of City to get it quantified and deposit in Court

Rakesh Kumar (Private)     14 November 2011

Thank you sureshji

Kumar_JrLawyer (Jr.Lawyer)     15 November 2011

Subject: Need advise on increasing Rent by Landlord every 11th Month of the Year

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


 

H. S. Thukral (Lawyer)     01 April 2012

I differ with my ld friends who have responded to your query.

First of all you can not approach the rent controller to fix a standard rent. You have been paying rent of Rs. 7000/-  which was agreed mutually by the parties. That stops yu from going for a rent below 7000/- through  rent controller . Therefore opinion  of an expert here that rent can be fixed at 2500-3000 is in my opinion wrong.

also see whether the tenancy is controlled by rent control act of your state. if not you can not go to rent controller at all.

if tenancy is not protected under the rent control laws, your tenancy is simply a lease which in the absence of any fixed duration is from month to month. this can be terminated by giving a notice as per law.

it appears that the market rent is more than 10000/- pm in your area. That is why you are reluctant to move out since you can not get similar accommodation in same rent.  The landlord is fully justified in renewing the lease at enhance rent which is market value.

my advice therefore is negotiate with the landlord for a suitable increase  

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     01 April 2012

Defense has immense poosibilities, Mr Bala has acted quickly and got injuction from the court.

Same is with you KUMAR, file a case for fixation of standard rent and meanwhile seek pament of rent in court.

Most of the rent acts not giving rent reciepts is criminal offense.

If lease agreement is not given or tenancy is more than one year you can claim to be regular tenant and even annual tenant. IT DEPENDS ON THE SKILLS OF DEFENSE ADVOCATE.

 

Most of the rent acts provide for notice as per T P ACT and I have found even good advocate bunk on following it properly so any tenant can take defense under want of proper notice.


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