Increase unnecessary rent by my landlord Increase unnecessary rent by my landlord

1 month ago

I m runna shop.since last 10 years now on rent. Recently my landlord increased rent by 20 percent and said pay or leave. We do 11 month lease. She already said that she will increase the rent next year by 30 percent, i can leave if i dont agree. My shop is established and now she is taking adcantage of this as she wants to start the same business in this shop once i leave. I don't know about my legal right as tenant. Pls advice how can i stop her

Anik

Responded 1 month ago

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A.Dear Client,

According to the law, no tenant is obligated to pay the landlord an amount exceeding the fair rent of the premises, unless it is a lawful increase as per the provisions of the state-specific Tenancy Act or Rent Control Act. Disputes between tenants and landlords are typically resolved under the applicable Rent Control Act, where a Rent Controller or Additional Rent Controller is appointed to handle disputes arising from rental agreements.

Given the current circumstances, if you are facing an issue with the rent being demanded by your landlord, you can file an application before the relevant Rent Controller. In this application, you should outline your grievance and seek resolution through the legal framework provided by the Rent Control Act. The Rent Controller has the authority to address and resolve disputes between tenants and landlords, ensuring a fair and lawful resolution to the matter. It is recommended to consult with legal professionals or refer to the specific provisions of the applicable Rent Control Act for guidance in pursuing this course of action.
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Vidhi Samaadhaan Vidhi Samaadhaan

Kishan Dutt Kalaskar

Responded 1 month ago

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A.Dear Sir,
If there is no local rental law then file a suit for permanent injunction and restrain the owner from evicting you without due process of law. Thus, you will get ample opportunity to stay in the same building even without increased rate of rent but you have to deposit the agreed rate of rent.
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Vidhi Samaadhaan Vidhi Samaadhaan

Legal Counsel Vidhikarya

Responded 1 month ago

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A.Dear Client,
No tenant shall, notwithstanding any agreement to the contrary, be liable to pay to the landlord for the occupation of any premises any amount in excess of fair rent of the premises, unless such amount is a lawful increase of the fair rent following the provision of the state-specific Tenancy Act/Rent Control Act. A dispute between a tenant and landlord is resolved under the state-specific Rent Control Act under which a Rent Controller or Addl Rent Controller is appointed to deal with the dispute arising out of a rent agreement between the parties. So, in the prevailing situation, you can file an application explaining your grievance before the concerned Rent Controller to resolve the issue amicably. Reach out to an Advocate for guidance and steps.
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