Tenant Not sign renewable rental Agreement Tenant Not sign renewable rental Agreement

5 years ago

Dear Sir
Being respect to law and honest. (Location West- Bengal- India)
I have a tenant 9 years in my property (Whole Sale Pharmacy) are 130 sq. feet at ground floor
We have a rental agreement between us, and as per the agreement the rent will increase 10% every 4 years.
According to that the tenant has paid the rent as agreed for the period of 20009- 2014 and 2014- 2018 and same time he signed the revised agreement in same condition including with revised rent which has changing after the said 4 years ends .
Now ( 2018- 2022) my tenant has refused to sign the agreement for the period of 2018-2022 ,other way he is sending me the revised rent (for the period 20118-2022) through the post office money order without any prior information or any cover latter with the money order.
Any way I received the money order.
Personally I have asked him why you are not signing the renewable agreement which in same condition but containing with revised rent.
He told me that his agreement already valid he does not need to sign any further agreement, though he is sending the rent in same way by post office money order.
Then I have send a lawyer’s notice sating that to sign the renewable agreement in same condition, due to your term of agreement has been finished and you have to sing the renewable agreement as well as you have send rent through money order without any information or conceding me .
(Here I would like to share that previously he pays rent by cash and take receipt of the paid rent.)
My respected tenant has sent me a counter notice and sating that his agreement is still valid there is no ending of contract of terms and no conditions in the contract that the agreement will finished within the 4 years and he has not send any rent through money order and my notice is false.
At this time, Could you please advise me that could send re notice and file a case file against my tenant to ignore and refuse the money order matter.
I am looking at least there should be agreement in between us that every four years your rent has been revised and that should be in written paper .

Looking for valuable advice.

Ramalingaiah Mulakatte

Responded 5 years ago

A.Ask tenant to write letter confirming payment of rent. Whether there is any extension period mentioned like 3 years 4 years etc. If no period is specified, then ask him vacate, unless he is ready to execute a new agreement. Give notice.
If there is extension period specified in old agreement, then you can confirm receipt of revised rent as per agreement which expired but stood renewed with revised rent.
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Anonymous

Replied 5 years ago

Being respect to your valuable advice Sir please let me allow saying more information as below
According to my agreement , neither there is specific time directly mentioned that after the 4 years the rent term will end nor mentioned that the agreement is for whole life/ unlimited time . Only it has been mentioned that after 4 years the rent will increase 10 % .
Accordingly to that the rent has been revised science July-2009 after ending of 4 years and I have made the agreement accordingly in that same period.
Sir, I have received the revised rent through my occupier money order and my 1st notice I have told them that I have received the revised rent though without your prior information.
So could I send him notice there is no time frame in our agreement so you could vacate the premises or either make a new agreement.
All right, I am thinking if the occupier counters me that there is no time frame of ending the contract mean contract is not end.
Here I would like to say that my rent amount is INR-440 per month. Still date I have not ask him any maintenance charge and share of municipality taxes.
So I am looking forward for your kind valuable advice.

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NILANJAN CHATTERJEE

Responded 5 years ago

A.Then in that case your tenant has accepted that he has not paid rent. As per the legal notice. So threaten him with eviction notice. Moreover, you need to challenge that deed or agreement which he is claiming valid before the court.
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Anonymous

Replied 5 years ago

Being respect to your valuable advice Sir please let me allow saying more information as below
According to my agreement , neither there is specific time directly mentioned that after the 4 years the rent term will end nor mentioned that the agreement is for whole life/ unlimited time . Only it has been mentioned that after 4 years the rent will increase 10 % .
Accordingly to that the rent has been revised science July-2009 after ending of 4 years and I have made the agreement accordingly in that same period.
Sir, I have received the revised rent through my occupier money order and my 1st notice I have told them that I have received the revised rent though without your prior information.
So could I send him notice there is no time frame in our agreement so you could vacate the premises or either make a new agreement.
All right, I am thinking if the occupier counters me that there is no time frame of ending the contract mean contract is not end.
Here I would like to say that my rent amount is INR-440 per month. Still date I have not ask him any maintenance charge and share of municipality taxes.
So I am looking forward for your kind valuable advice.

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