• Vacating of Old Rented Shop

I am the owner of shop which was rented before buying premises. There is no rent agreement copy available with me except mentioned in purchase documents of property. So don't know terms and conditions of Rent agreement. It's old tenant paying only Rs. 150 as rent compared to my other shop having same area and conditions which is Rented at Rs. 8000. So what are the options for me, should I go to court for increase in rent. Should I have any chance to increase rent.
Asked 7 years ago in Property Law
Religion: Hindu

Ask a question and receive multiple answers in one hour.

Lawyers are available now to answer your questions.

7 Answers

1. If you want to keep the tenant then you can file case in rent controller to fix faire rent.

2.if not then you can file eviction suit on the ground of bona fide requirement.

3. If you can show the prevalent market rent you have fare chance of increase.

Devajyoti Barman
Advocate, Kolkata
22920 Answers
498 Consultations

5.0 on 5.0

1)if you require the shop for personal use then you can file suit for eviction on said ground

2) ask the seller to furnish you copy of rent agreement entered into by him with the tenant

3) if the rent agreement is regsitered you can obtain copy from sub regsitrar office

4) teh rent act adopted by your state must be containing provision for increase in rent

5) in mahrashtra rent act provides that landlord will be entitled to increase the rent by 4%

per   annum   in   respect   of   premises   let   for   purposes   of   residence,

education, business, trade or storage

Ajay Sethi
Advocate, Mumbai
95208 Answers
7609 Consultations

5.0 on 5.0

Hello,

If that is the case then you can send him a legal notice with regards to the situation in hand and tell him that from next month you will increase the rent failing which you will have to vacate the primises; for the reason that rent agreeements are not transferred with transfer of ownership, new owner has all the rights to chip iin his terms and conditions.

If however he does not agree to increase the rent you can file a SCC Suit in the court of law.

Regards

Anilesh Tewari
Advocate, New Delhi
18079 Answers
377 Consultations

5.0 on 5.0

You can file a petition for eviction of tenant on the ground that you require the premises for your bona fide personal use. A tenant who is paying only 150 will never agree to increase it to 8000, so better evict him and rent out the shop to someone who pays rent at market rate.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

In the absence of rental agreement it can be construed that the rental agreement with the tenant should have expired long ago and the tenant is continuing the tenancy on an oral agreement basis or even without it.

You should have insisted to the vendor to handover vacant possession or at least to hand over a copy of the rental agreement.

you may now ask the vendor to either evict the tenant or to handover the rental agreement or else you can drag him to court for this.

Alternately you can issue notice to the tenant stating that you are the new owner of the property and if he wants to continue the tenancy he may have to enter into fresh agreement and has to pay the newly fixed rent.

If the tenant is not agreeing to pay the enhanced rent you may notify him to vacate and handover vacant possession within 7 days from his decision after receiving the notice.

Discuss with a local advocate and issue a legal notice to the tenant.

T Kalaiselvan
Advocate, Vellore
85409 Answers
2237 Consultations

5.0 on 5.0

There is no room for sentiment when you have decided to go ahead with legal action to safeguard your interest.

You have to demand enhancement in rent and can direct him to vacate If he refuses. The absence of agreement is advantage to you

T Kalaiselvan
Advocate, Vellore
85409 Answers
2237 Consultations

5.0 on 5.0

In Olden days rent agreement was rarely entered into

2) Landlord used to merely issue rent receipts

3) file suit for eviction if you require premises for personal use

Ajay Sethi
Advocate, Mumbai
95208 Answers
7609 Consultations

5.0 on 5.0

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer