Tenant refusing to increase rent or make an agreement
2 years ago
My grandfather had let out a shop in the 1970's without making a rental agreement. The land is in my father's name now, however, the electric meter of the shop is in tenant's name. The tenant pays us a paltry amount of Rs. 1000/- only which is much below the market rate. He is also refusing to increase the rent or vacant the establishment. What action can we take to increase the rental amount and make him sign a proper agreement or vacate the shop?
As per the information you have given it is given advissable to you that you should reach out to an advocate for first hand information,
A.Dear Sir,
Please contact local lawyer to enlighten yourself about the recent local laws and act accordingly.
First get transfer meter in your fathers name then get issue a legal notice of eviction under the following section.
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Section 106 in The Transfer of Property Act, 1882
1[106. Duration of certain leases in absence of written contract or local usage.—
(1) In the absence of a contract or local law or usage to the contrary, a lease of immovable property for agricultural or manufacturing purposes shall be deemed to be a lease from year to year, terminable, on the part of either lessor or lessee, by six months' notice; and a lease of immovable property for any other purpose shall be deemed to be a lease from month to month, terminable, on the part of either lessor or lessee, by fifteen days' notice.
(2) Notwithstanding anything contained in any other law for the time being in force, the period mentioned in sub-section (1) shall commence from the date of receipt of notice.
(3) A notice under sub-section (1) shall not be deemed to be invalid merely because the period mentioned therein falls short of the period specified under that sub-section, where a suit or proceeding is filed after the expiry of the period mentioned in that sub-section.
(4) Every notice under sub-section (1) must be in writing, signed by or on behalf of the person giving it, and either be sent by post to the party who is intended to be bound by it or be tendered or delivered personally to such party, or to one of his family or servants at his residence, or (if such tender or delivery is not practicable) affixed to a conspicuous part of the property.]
Abhishek S
Replied 2 years ago
Sir,
Heartfelt thanks for your kind response. I would also like to bring your attention to the fact that the property is located in Assam, where the 'Assam Tenancy Act, 2021' is in effect.
Best Regards,
Abhishek
According to the laws , you must notify the tenant of the rent increase. If the tenant is not properly notified and the time period has passed, failure to pay the increased rent in full will be considered a breach of the rental agreement. At that point, you should seek the advice of a knowledgeable real estate lawyer or a rent controller in your area who can guide you through the process.
Thank you
Abhishek S
Replied 2 years ago
Sir,
Many thanks for your suggestion. As you said that failure to pay increased rent will be considered a breach of the rental agreement, I would like to highlight that currently no rental agreement exists between us. Also, the property is located in Assam, where the 'Assam Tenancy Act, 2021' has been implemented. Under this Act, in which court the case can be filed?
Thanks,
Abhishek
Advocate Sinjari Bandyopadhyaya
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