Property issue
3 years ago
My father has rented a shop for the past 35 years and paid rent on time every year. They also increased the rent without any legal document, but we still paid the increased rent as they're our relatives. Now they want us to vacate the shop and we don't have another source of income. Please let us know what steps we can take.
P.S. CHANDRALEKHA
Responded 3 years ago
A.1. If there was an agreement between both of you and violating it's terms they have increased the rent and asking you to vacate, the you can file a Civil Suit.
PS: according to the state laws, there is a formula for calculating the percentage of increase in rent every year or any other specified term. The tenant is liable to pay the hike only if the increase in the rent amount complies with the formula.
2. If there is no written agreement between both the parties, then better to talk and settle the issue and they still don't agree, take some more time and vacate.
3. The law also provides for grounds for eviction, and any demands beyond those reasonable grounds can be challenged.
Please, after considering your detailed and the options available, take appropriate steps to secure your interest.
PS: according to the state laws, there is a formula for calculating the percentage of increase in rent every year or any other specified term. The tenant is liable to pay the hike only if the increase in the rent amount complies with the formula.
2. If there is no written agreement between both the parties, then better to talk and settle the issue and they still don't agree, take some more time and vacate.
3. The law also provides for grounds for eviction, and any demands beyond those reasonable grounds can be challenged.
Please, after considering your detailed and the options available, take appropriate steps to secure your interest.
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A.You may continue and approach the court and get stay order.
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TENANCY ORAL RECOGNISED BY THE SC
Thus, for five years the tenant shall enjoy immunity from being evicted from the premises," the court said. The court realized that in most landlord-tenant disputes, there were no written contracts and the tenants took advantage of the situation because of the slow process of rent control laws and the judicial process involved in eviction.
https://timesofindia.indiatimes.com/india/Supreme-Courts-model-rent-agreement-assures-tenant-5-yrs-stay/articleshow/8328837.cms
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TENANCY ORAL RECOGNISED BY THE SC
Thus, for five years the tenant shall enjoy immunity from being evicted from the premises," the court said. The court realized that in most landlord-tenant disputes, there were no written contracts and the tenants took advantage of the situation because of the slow process of rent control laws and the judicial process involved in eviction.
https://timesofindia.indiatimes.com/india/Supreme-Courts-model-rent-agreement-assures-tenant-5-yrs-stay/articleshow/8328837.cms
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Rameshwar Dadhe
Responded 3 years ago
A.You can made legal agreement between both
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SHAIKH IRFAN KHAMAR SHAIKH
Responded 3 years ago
A.Dear client
This is a matter of Tenancy as tenancy Act. If there is registered tenancy deed,
The landlord can not evict the tenant without giving notice of without order of court.
This is a matter of Tenancy as tenancy Act. If there is registered tenancy deed,
The landlord can not evict the tenant without giving notice of without order of court.
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A.Why do they want to vacate the shop now after 35 years..?? If they want more rent & if it is affordable to you then talk to them & resolve the matter amicably as you said they are your relative & they have also trusted you for so many years.
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ADV. ANISH PALKAR (High Court)
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ADV. ANISH PALKAR (High Court)
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