What are the clauses in your rental agreement ?
2) you cannot install vitrified tiles but you can do POP ceiling work , wooden fitting work in the premises without landlord consent
What are the Rights of a tenant about the amendments or renovation of a commercial rented property. Does POP down ceiling, Wooden Fitting, Vitrified floor Tiles comes under material alteration or it is with in the rights of the tenant. If it is necessary or the need of business of a tenant.
I will ask my follow up question later on after the answer of lawyer
What are the clauses in your rental agreement ?
2) you cannot install vitrified tiles but you can do POP ceiling work , wooden fitting work in the premises without landlord consent
1.No these do not come within the meaning of change of nature and character of the tenanted proeprty.
2.So tenant to carry out the trade can make such changes though it is advisable to mention those in the tenancy agreement.
3.If the agreement on such changes to be made ,the tenant will not face eviction on this ground alone due to mkaing such changes.
In tenancy agreement the clauses related to alteration are 1. We can't do any change materially to the property. 2. I just want to ask that if we can fix vitrified tiles without damage to the ground, there are chemicals that can be used for fixing, glueing or placing the tiles. Can we do ..?? 3. One more question, if the owner takes the help of police, should we go to court and ask for our rights or approach local sp or SDM ...??? 4. We also want to remove front centre piller of the property which is in between two shops which are on rent and to increase the shutters or entrance height, although these things are not mentioned in the agreement that we have any right, can we apply in the court for the same or not. What can we do if we want these things..?? Thanks in advance for your answers and help. Munish
You cannot remove front centre pillar of the property nor increase the entrance height without landlord consent
2) remove of pillar would amount to structural alterations and cannot be done without municipal corporation consent
3) you should not go to court for carrying out material alterations in shops
4) obtain landlord consent for fitting vitrified tiles inthe shops
1.This is not material change in the proeprty.
2. The police ahs no role here and i do not think he can seek police help.
4.The changes you have mentioned in point no.4 is material change of permanent change which you cannot do unless landlord gives permission.This is a ground for your eviction also.
What are the Rights of a tenant about the amendments or renovation of a commercial rented property. Does POP down ceiling, Wooden Fitting, Vitrified floor Tiles comes under material alteration or it is with in the rights of the tenant. If it is necessary or the need of business of a tenant.
The terms and conditions mentioned in the rental agreement about the changes that can be made by the tenant without seeking permission from the landlord would be found mentioned therein.
However the tenant is not permitted to make structural changes.The tenant can make changes and add or modify certain interiors which again should not disturb the structure.
I will ask my follow up question later on after the answer of lawyer
What is your follow up question
The only pre-condition to the renovation work to be done at the residences is that the original tenant able structure (whether rental or ownership) must be legal. The `tenant able repairs' however, shall not include replacing or removal of any structure of load-bearing walls; altering the horizontal or vertical existing dimensions of the structure; lowering of plinth, foundations or floors; addition or extension of mezzanine floor or loft; flattening of roof or repairing the roof with different material; merger of tenancies by removal or opening of any walls in-between two or more tenancies; changing location of bathroom WC kitchen sink in a way that can cause leakage to residents below; and increasing the internal height of the structure.
If fixing of vitrified tiles do not cause damage to the floor then it may be fixed with permission of the landlord
The police cannot interfere in this civil matter,
You may approach civil court with an injunction suit against the owner if he forces you to vacate.
4. We also want to remove front centre piller of the property which is in between two shops which are on rent and to increase the shutters or entrance height, although these things are not mentioned in the agreement that we have any right, can we apply in the court for the same or not.
What can we do if we want these things..??
Don’t change the existing horizontal or vertical dimensions of the structure.
Don’t change the locations of the bathroom/WC/kitchen sink, in a way that can cause leakage to residents below.
Don’t replace or removal any structure of load bearing walls.
Don’t merge tenancies by removal or opening of any walls in between two or more tenancies.
Do not allow any unauthorized additions/alterations thereby loading the existing structure.
Don’t do any work which would jeopardize the safety of the building.