Eviction of Tenant for commercial property

Dear Client,

Since the workshop has been running since 1967 and the rent receipts were issued in your father’s name, the tenancy is an old and protected commercial tenancy, and upon your father’s death in 2023 you may claim succession as a legal heir if you were carrying on the business from the same premises

Under the West Bengal Premises Tenancy Act, 1997, heirs using the premises for business may claim limited protection, and the landlord’s refusal to issue rent receipts in your name does not by itself terminate tenancy rights. As the landlord has already filed an eviction suit, you must immediately file a detailed written statement contesting the grounds of eviction and, most importantly, deposit current rent and arrears in court if the landlord refuses to accept rent, because failure to deposit rent may result in your defence being struck off.

You should also preserve all documents such as old rent receipts, trade licence, GST records, electricity bills and proof of your involvement in the business to establish continuity of tenancy and protect your livelihood.