• 25 years old tenant but landlord wants eviction

My father rented only the terrace of a building in Gurgaon which is managed by a local society and constructed the first floor which is being used as an educational institute since last 25 years Even After my father expired three years back we continued to pay the rent on time. 
Though the rent was fixed 25 years ago for the terrace only as we constructed the building ourselves, the increase in rent was very low due to which the rent is very less as compared to current market rates. 
Now the landlord demands eviction on the grounds that my father has expired. 
But as the institute is the only income source for my family, we have paid the rent on time always.
we also have the rent receipts for last 25 years and also the bills and documents of the construction of building.

I need consultation as to what laws are applicable in this case and is it legal for the landlord to demand eviction in such scenario.
Asked 2 years ago in Property Law from Gurgaon, Haryana
1. I believe you have permission of landlord in writing about constructions.
2. Mere making construction of tenanted premises does not make the tenancy immune from eviction. Since you or your father invested money in the tenanted premises, you should have executed some sort of document for a minimum duration of tenancy.
3. Period of tenancy also does not give any additional protection.
4. Try to negotiate with landlord and may be on enhanced rent execute another rent agreement for a 25-30 years.
5 If landlord files suit for eviction, you will get chance to contest it on merit.
Devajyoti Barman
Advocate, Kolkata
5248 Answers
54 Consultations
4.9 on 5.0
1. The landlord can demand your eviction on the ground that he needs the leased premises for his own personal use. So he can file a case for your eviction in the court despite the fact that you have been paying the rent without fail.

2. That you have been using the leased premises for the past 25 years is not a defence which you can take in the court.

3. As and when the landlord goes to the court you will be issued a notice to come and contest the petition of landlord on merits. If your case is handled diligently then you may survive the legal action brought by the landlord.

4. Alternatively, you may offer the landlord to increase the monthly rent to stop him from going to court.
Ashish Davessar
Advocate, Jaipur
18183 Answers
449 Consultations
5.0 on 5.0
Hello,
1) As you indicated the low rent that you are paying must have prompted the landlord in evicting you as he stands a better prospect if he rents it out to a new tenant.Therefore the best practical solution to the problem would be meaningful negotiation with the landlord agreeing to pay an increased rent as per current rates.

2) If the landlord goes to court to evict you from the premise contest the case and take the defence that this is an educational institution and you do not have alternate accommodation to accommodate the institute .

3) Make sure that you have the agreement that granted permission to your father to construct the building.If the landlord goes to court it is going to take very long for the case to be disposed of and this might eventually lead to a negotiated settlement.
S J Mathew
Advocate, Mumbai
1954 Answers
65 Consultations
5.0 on 5.0
1)was written permission obtained before carrying out additional construction . 

2) in the event landlord issues legal notice for eviction contact a local lawyer and reply to legal notice . 

3) you can offer to pay enhanced rent to landlord to permit educational institute to function from same premises . 

4) if eviction suit is filed contest it . it may take some years for suit to be disposed of
Ajay Sethi
Advocate, Mumbai
23367 Answers
1224 Consultations
5.0 on 5.0
Hi, you being the tenant you have to evict your premisisyou have vo locus standi to stay there.
Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
4.3 on 5.0
Whatever may be the reasons one can not be evicted without following due process of law and therefore you have legal recourse to retain your possession in accordance with law.

Thanking you,
Subash M R
Advocate, Bangalore
176 Answers
8 Consultations
3.6 on 5.0
1. Was there a tenancy agreement  in connection with the said premises?

2. What is the terms of your tenancy as per the tenancy agreement your father had entered in to with the land lord?

2. Was the floor constructed after taking written consent from the landlord?

3. Th reasons you have tried to bring forth like you have constructed the floor, the institute is your only income etc. are not acceptable grounds to contest the eviction suit, if filed by the land lord,

4. however, eviction suit, if filed by the land lord, will take years to be disposed of,

5. Meantime, you can negotiate with your land lord amicably.
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
233 Consultations
5.0 on 5.0
1) in the olden days hardly any tenancy agreement were entered into . merely rent receipt were issued by landlord . 

2) additional construction has been carried on with consent of landlord . 

3) arrive at an amicable settlement with landlord by offering to pay enhanced rent
Ajay Sethi
Advocate, Mumbai
23367 Answers
1224 Consultations
5.0 on 5.0
1. Rent receipt is valid proof of tenancy and no separate tenancy agreement is required.
2. You would be on more trouble if you exercise legal recourse. Compromise is only solution left to you.
Devajyoti Barman
Advocate, Kolkata
5248 Answers
54 Consultations
4.9 on 5.0
Hello,
1) The rent receipts and the written acceptance from the landlord that the floor was constructed by you would go a long way in supporting your cause of continued occupation of the premises in the event the landlord takes legal recourse to evict you.
2) The above being the legal position it would still be advisable to initiate talks of enhanced rent with the landlord for an amicable settlement without vitiating the situation further.
S J Mathew
Advocate, Mumbai
1954 Answers
65 Consultations
5.0 on 5.0
1. Rent receipts prove tenancy if the agreement has not been executed.  

2. The acceptance by the landlord will hinder him from taking the ground of unauthorized construction in the event he goes to the court for your eviction.

3. As suggested earlier, offer to increase the rent to continue in the premises.
Ashish Davessar
Advocate, Jaipur
18183 Answers
449 Consultations
5.0 on 5.0
1.Thre rent receipt and also the written consent for the construction will be in good support of yourself if the landlord files eviction suit against you,

2. It will be difficult to evict you after you have spend substantial amount on consented construction,

3. Moreover, it will take years to get the eviction suit disposed of,

4. So, relax. You do not have any immediate crisis,

5. Even then, settle the dispute amicably.
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
233 Consultations
5.0 on 5.0

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