• Current market rent

Hello, 
My father had given his flat (Mumbai) on rent 25 to 30 years ago to a family and been getting marginal 600 Rs rent till now, he did not bother to ask for a increase in rent all this while as he considered the renters as family.
however in the recent times renters are trying to own the flat by offering us some very less money.
Now my father has passed away a year back and I as his son would like to take the flat back from the renters or ask to pay current market rent.
In these years the renter has been paying full maintenance of the flat as the rent for just Rs 600.
My Question is can i ask for current market rent? & 
Do i have the wrights to ask him the vacate the house since the house belongs to us?
also what wrights does he have since he is living there for more then 25 years?
Thanks in advance for reading and reverting.
Asked 8 years ago in Property Law
Religion: Hindu

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8 Answers

1)you can ask tenant to vacate the flat as you require flat for your personal use

2) if he refuses file eviction suit

3) is there clause in your agreement regarding increase in rentals . ?

4) you cannot seek current market rent from tenant

5)As per Section 8 of the Maharashtra rent Act the Court may fix standard

rent  and permitted increases in certain cases upon an application

made to it or in any suit or proceedings, fix the standard rent at such

amount   as   having   regard   to   the   provisions   of   this   Act   and   the

circumstances of the case, the Court deems just. 

Ajay Sethi
Advocate, Mumbai
99787 Answers
8146 Consultations

1. You have toapply beofre the Rento Controller for fixation of fair rent.

2.Another option is to file an eviction suit , get back the possession and induct new tenant at present market rate.

3. To evict the tenant you will have to send him first eviction notice and then will have to file the uit in the court. Such eviction suit takes lot of time. So keep patience.

Devajyoti Barman
Advocate, Kolkata
23655 Answers
537 Consultations

Yes according to the Tenancy Act we have right to claim increase in accordance with prevailing rent in the other flats of the vicinity. You have to send notice to increase of rent if you get no reply within 2 months from the date of notice there after you can move application before the rent control officer for increasing the rent at other current we value rent in the same vicinity. You have also right to evict him on the ground of personal necessity or modification in the flat

Shivendra Pratap Singh
Advocate, Lucknow
5127 Answers
78 Consultations

Having inherited this house from your father, you are now the owner of this house. Incase they are not willing to pay rent at market rate, get them evicted. You could do so by sending them a notice of eviction. Presently, you should ask them to sign a fresh tenancy agreement with you wherein you can specify the monthly rental as per currently applicable market rates.

The tenants have no right to continue their occupation over this property at a rent which was decided 25 years back .

Vibhanshu Srivastava
Advocate, Lucknow
9763 Answers
323 Consultations

Hi, you can ask him to revise the rent .. If he do not agree you can also file a civil suit for eviction along with monthly rent in court

Hemant Chaudhary
Advocate, Gurgaon
4632 Answers
67 Consultations

Since he is paying the rent then he does not have any right on the said property.

You may file an eviction suit in the civil court to ask the person to evict the said property

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

You can claim the market rate from the person who is in possession of the property right now. Before starting the legal proceeding please bear in mind that it will be along drawn legal battle.

Regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

No doubt the tenant is protected by tenancy rights but that doesn't mean he will not pay the rent as per the current situation.

You can ask him to pay enhanced rent immediately or else to vacate.

You can issue a legal notice to this effect and then plan to evict him through due process of law.

T Kalaiselvan
Advocate, Vellore
89989 Answers
2493 Consultations

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