We have a row house in Daman from Portuguese times, where a portion of it was rented out as commercial shop in 1998 for 5 years via registered lease agreement which expired in 2003, there were no agreements made between 2003 till 2010. then new registered lease agreement was made in 2010 for 3 years which expired in 2013, thereafter we have been making 11 months license agreements FY 2013/14, 2014/15, 2015/16 and 2016/17 being notarized agreement, latest one got expired on 30 April 2017. Now we want to evict the tenant and get the possession back, I've served him 2 months formal (not legal) notice to tenant twice to vacate premises on 3rd and 15th march directing him to vacate the shop by end of expiry of agreement, which tenant didn't accepted and refused, now instead of moving out, tenant has sent me a notice via his advocate indicating rent control act, mentioning market value of rented portion and fair rent of the same respectively, where tenant's advocate is asking for anything claimed over fair rent till date to be refunded back compared to agreed rent on agreements, and stating we are eligible to claim fair rent from now on, it indicates that tenant has no intention to move out. Tenant already has his multiple properties which he has rented out to others plus multiple flats as a residence. In his 2 Storey building, he has rented his ground floor and instead of utilizing his own space for his business, he has advertised his 1st floor space as "shop for rent" and don't want to move out from our premises intentionally Please assist me in on my below queries 1. Does this Goa, Daman and Diu rent control and eviction act 1968 applies to us even after the expiry of lease agreements(1998-2003 and 2010-2013), followed by license agreements (2013-14, 2014-15, 2015-16, 2016-17) and tenant is still doing business even after expiry of last agreement 2. How do we remove/evict tenant who has been overstayed even after the expiry of lease and license agreements respectively 3. On which grounds can we evict tenant? as he has been paying low rents (3 times less compared to current market rentals) via cash mode and we never issued any receipts 4. How to break this landlord tenant relationship, is it through making a new lease or by leave and license agreement or something else can be done 5. Can we file FIR police complaint to get him vacated via police? 6. Can we get a stay order on his business, if it happens to be a court case 7. Can we claim penalty of 3 to 4 times of rent from tenant for overstaying after expiry of agreement Your expert views are awaited
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your tenant is mere licensee of the shop premises
2) on expiry of agreement he is required to vacate the premises
3) you have to file eviction suit against licensee on expiry of leave and licence agreeemnt
4) police would not intervene as it is a civil dispute
5) you can claim penal rent as per terms of your leave and licence agreement
6) there is no landlord tenant agreement . he was mere licencee as he had signed leave and licence agreement
1. according to section 22(2)(e) you can evict your tenant however if he has built or owned another premises. in respect of commercial premises you have to pay compensation as may be fixed by the Controller.
2. in your case tenant's notice is void because he cannot claim fair rent in response of eviction notice.
1. The tenant cannot continue to remain in the leased premises after the expiry of the lease period, he cannot quote some flimsy reason to put a stay back in the premises if the landlord refused to renew the lease agreement. You can file an eviction suit agaisnt him without bothering about the eviction rules in force and about the flimsy reason mentioned by his lawyer towards fair rent etc.
2. File an eviction suit under the provisions of Buildings (Lease, Rent & Eviction) Control
Act, 1968 and Rules under sections 5, 6, 7 and 22 of the referred law.
3. On the grounds of expiration of the lease agreement and not willing to renew the same.
4. File an eviction suit.
5. Complaint with the police is not maintainable because it is a civil matter
6. Dont stretch your imagination on such useless issues, concentrate on your issue alone.
7. No, that is not possible, but you can continue to collect the rent till the time he is vacating the premises.
Ok, now if it happens to compromise with tenant, if not a court case, and he's not willing to move out, what would be the consequences on below points For Your Information Said rented shop is road facing, now there is some news of road broadening plans by govt authorities and once this is executed, ALL roadside front facing shops/rooms of houses are going to get demolished by certain distance from road including ours where the said shop is, and entire said rented shop/room is going to get cut where tenant is running his business 1. Is it considered as illegal for not making an agreement and continue rental as it is till the time rented shop/room gets demolished for road widening project or would it be worth making an new license agreement with tenant since road facing shop/room is going to get demolised in coming 3 to 12 months time, so tenant will have to vacate it anyway and we can continue to collect rent without any agreement till the time demolishan happens 2. If yes, should I make a new 11 months notarized license agreement with strict clauses like a. possession receipt on agreement expiry or revocation whichever is earlier b. failure to vacate upon agreenent expiry or revocation before expiry via notice to vacate, tenant will have to pay 10 times rental charge for not vacating premises c. 10% late payment fees on rental,etc and then file an eviction suite if still tenant doesn't vacates and to get him penalized, since earlier agreement didn't had these strict clauses. 3. We as a owner/landlord are paying our house tax, water bill, residential electricity bills and all bill accounts are on our (owners) name including property papers/documents, and tenant is only paying commercial electricity bills for his electrical usage and keeps receipt with himself, so is there any chance of tenant claiming any right or interest of a share in part/full portion of our house in future using his eletrical paid bills and receipts or at the time of our rented shop demolishen happens during road wideining process 4. Since it is old row house from portuguese times, if we happen to demolish and re-construct entire house with increase of floors, road facing rented shop/room will have to be demolished as per govt rules for re-construction of premises and we have construct/build after leaving some distance from road a. Can tenant claim his right of share in property during/after this process
1) it is in your interest to enter into leave and licence agreement with licensee for period of 11months with penal clauses
2) don't permit him to stay in premises without agreement
3) file eviction suit if he refuses to vacate
4) licensee cannot claim tenancy or ownership rights on the property
5) licensee cannot claim right to reoccupy premises after building has been reconstructed
1. There are possibilities that the government projects may not take off and may be given up in the last moment.
Hence there is no guarantee about this until it happens through notification and acquisition process.
If you would delay the process of vacating the tenant believing that this will happen by which the tenant will be automatically thrown out, and you can collect rent till then, may become fatal to your own case, would like to take a risk or proceed with your proposed decision to evict the tenant.
2. The clauses in b and c are appearing to be exorbitant. There has to be some justification in the claims, it cannot be as per your will and wish, it should be in accordance to the prevailing circumstances.
You can enter into a fresh lease or rental agreement for 11 months period with the general and normal conditions related to default in rental payment or vacating the premises after expiration of the current tenure.
3. Electricity consumption paid receipts are not the title documents.
They are the proofs of payment of the consumption bills and do not attach any importance to their claim for a share in the property.
Remember that once a tenant is always a tenant, he cannot become owner of the property even after 100 years of tenancy.
4. Te tenant has no right to a share in the property for whatever reason.
Once he is evicted from the property he cannot do anything about it even if he is approaching supreme court.
Hence try to vacate him from the property as soon as possible by all means.