I have purchased a shop in jan 2022 at vasai.
When i purchased a shop it was already on rent and previous shop owner has register agreement of 5 years with tenant for shop rent from which now 2 years almost passed away and 3 years are pending, But now as i have purchased the shop i want existing tenant to vacat my shop by giving 1-2 month notice,but tenant is denying to vacate my shop, tenant is a sai services company and they said that despite of change in ownership also their rights will be same for 5 years and they will not vacate.
on the basis of below 2 points mentioned in registered rent agreement with previous owner, Tenant is claiming new owner can not vacate them before 5 years.
1. The Licensor shall be entitled to transfer and assign its right, title and interest in the said licensed premises to any third party PROVIDED THAT no such assignments of right shall adversely affect the rights of licensees under this agreement in any manner whatsoever and any such assignment of right shall always be subject to the rights of licensees under this agreement and on expiry or termination of the license granted here under, the said security deposit shall be refunded back to the licensees as per the terms of agreement.
2. It is agreed by and between the parties here to that during the initial 12 months, the said license period,the licensees shall not be entitled to terminate the agreement and it is agreed by and between the parties here to that during the 60 months of the said license period, the licensor shall not be entitled to terminate this agreement (here in after refer to as the "said lock in period")however on the expiry of the said lock in period, the licensee shall be entitled to terminate this agreement by giving 3 months notice in advance.
A.Dear Sir,
The contention of the tenant is correct so you must ask your vendor to get him vacated by issuing a notice.
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Anupam Shandilya
Responded 2 years ago
A.Dear client,
Since the period of license is fixed for 5 years (60) months the tenant has right to continue there for 5 years
you cannot drive him out of the said premises unless he himself desires to go out of that premise. Rest all other rights continue with you like enhancing rent etc.
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