Challenge eviction notice on Commercial property
2 months ago
On a commercial leased property, if the landlord issues an eviction notice can the tenant challenge them by asking for the investment compensation used to set the place up?
Can the tenant use the property for business if the issue is in the session court?
A.Dear Client,
A landlord cannot reclaim possession of rented premises as long as the tenant continues to pay rent or is prepared to do so. Furthermore, the landlord is prohibited from filing a suit for recovery due to non-payment of rent until 90 days have elapsed. This 90-day period begins 15 days after the landlord serves a notice to the tenant, as outlined in Section 106[1] of the Transfer of Property Act, 1882.
Eviction of a tenant is not automatic, and it can only occur if the tenant breaches conditions specified in the tenancy agreement. The landlord can initiate eviction proceedings based on valid grounds sanctioned by the Rent Control Act or relevant state laws, including non-payment of rent, contractual breaches, unlawful activities on the premises, or other legally stipulated reasons. Tenants have the right to contest an eviction notice if they believe it is unjust, presenting valid defenses before the Rent Controller or a competent Civil Court. Seeking an injunction under Order 39 Rule 1 & 2 CPC and claiming damages arising from eviction is also an option. For proper guidance and steps, it is advisable to consult with an experienced property lawyer.
A landlord cannot reclaim possession of rented premises as long as the tenant continues to pay rent or is prepared to do so. Furthermore, the landlord is prohibited from filing a suit for recovery due to non-payment of rent until 90 days have elapsed. This 90-day period begins 15 days after the landlord serves a notice to the tenant, as outlined in Section 106[1] of the Transfer of Property Act, 1882.
Eviction of a tenant is not automatic, and it can only occur if the tenant breaches conditions specified in the tenancy agreement. The landlord can initiate eviction proceedings based on valid grounds sanctioned by the Rent Control Act or relevant state laws, including non-payment of rent, contractual breaches, unlawful activities on the premises, or other legally stipulated reasons. Tenants have the right to contest an eviction notice if they believe it is unjust, presenting valid defenses before the Rent Controller or a competent Civil Court. Seeking an injunction under Order 39 Rule 1 & 2 CPC and claiming damages arising from eviction is also an option. For proper guidance and steps, it is advisable to consult with an experienced property lawyer.
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A.Dear Client,
A landlord is not entitled to take back possession of any premises, as long as the tenant pays or is ready and willing to pay. Moreover, the landlord cannot file a suit for recovery for the rented premises on the grounds of non-payment of rent, until the expiry of 90 days. The 90-day period would start 15 days after the landlord has served a notice to the tenant in this regard, as provided under Section 106[1] of the Transfer of Property Act, 1882. A tenant cannot be subjected to eviction by the landlord as a matter of right while the tenancy agreement remains in force unless any of the subsequent conditions of the agreement is breached by the tenant. The landlord can initiate eviction proceedings only on valid grounds sanctioned by either the Rent Control Act or state-specific renditions. These grounds comprise instances like rent non-payment, contractual breaches, unlawful activities on the premises, or other reasons stipulated by the pertinent laws. Tenants are entitled to contest an eviction notice if they perceive it as unjust or if they possess valid defenses against the grounds of eviction asserted by the landlord either before the Rent Controller appointed under the state-specific Rent Control Act or a competent Civil Court seeking an injunction under Order 39 Rule 1 & 2 CPC and claiming damages arising out of eviction. Reach out to an experienced property lawyer for guidance and steps.
A landlord is not entitled to take back possession of any premises, as long as the tenant pays or is ready and willing to pay. Moreover, the landlord cannot file a suit for recovery for the rented premises on the grounds of non-payment of rent, until the expiry of 90 days. The 90-day period would start 15 days after the landlord has served a notice to the tenant in this regard, as provided under Section 106[1] of the Transfer of Property Act, 1882. A tenant cannot be subjected to eviction by the landlord as a matter of right while the tenancy agreement remains in force unless any of the subsequent conditions of the agreement is breached by the tenant. The landlord can initiate eviction proceedings only on valid grounds sanctioned by either the Rent Control Act or state-specific renditions. These grounds comprise instances like rent non-payment, contractual breaches, unlawful activities on the premises, or other reasons stipulated by the pertinent laws. Tenants are entitled to contest an eviction notice if they perceive it as unjust or if they possess valid defenses against the grounds of eviction asserted by the landlord either before the Rent Controller appointed under the state-specific Rent Control Act or a competent Civil Court seeking an injunction under Order 39 Rule 1 & 2 CPC and claiming damages arising out of eviction. Reach out to an experienced property lawyer for guidance and steps.
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