• Landlord wants to increase commercial rent by 3 times

I had a leave and lisence agreement which expired 5 years back. Landlord has been collecting rent , maintenance and electric for the past 5/6 years without any agreement.
Now he wants to increase my rent 3 times. 
My current rent is 11000. 
What can I do
Asked 2 years ago in Civil Law from Kolkata, West Bengal

Hi, you can negotiate with him.. If he still refuses you can file a civil suit for permanent injuction

Hemant Chaudhary
Advocate, Gurgaon
4310 Answers
31 Consultations

4.9 on 5.0

1) As the Rent agreement is not made so it will be very difficult for both Landlord and Tenant, As per WB Tenecy act, what your landlord says is true, Please read below Act, section 17 (4b) your picture will be clear. however its mentioned if Tenant is using premises for Commercial purposes, so are you using for Commercial purposes ?

THE WEST BENGAL PREMISES TENANCY ACT, 1997

17. Fixation Of fair rent.—

(4B) Where a tenancy subsists for ten years or more but less than twenty years in

respect of the premises constructed in or before the year 1984 and used for commercial

purpose, the fair rent shall be determined by adding to the rent as on 1.7.1986 three

times or by accepting the existing rent if such rent is more than the increased ret

determined under this sub-section.]34

Ganesh Kadam
Advocate, Pune
8283 Answers
69 Consultations

4.9 on 5.0

Refuse to pay the enhanced rent

2) let landlord take legal proceedings against you for eviction

3) in your defence take the plea that you are not a licencee but tenant as you continue to remain in possession and have been paying rent

4) amicable settlement is best option

Ajay Sethi
Advocate, Mumbai
69139 Answers
4158 Consultations

5.0 on 5.0

Do not agree to such demand as the same is without any basis.

Send the current rent through money order.

If after 3 attempts he refuses to accept rent through MO ,then start depositing rent in the office of the Rent Controller.

To protect your interest in the proeprty you may consider filing a suit for declaration and injunction agaisnt forceful eviction through extra judicial means.

Devajyoti Barman
Advocate, Kolkata
18135 Answers
260 Consultations

5.0 on 5.0

What can I do?

Please vacate the Premises as you don't have any legal proof that you are tenant.

Ganesh Kadam
Advocate, Pune
8283 Answers
69 Consultations

4.9 on 5.0

Dear Client,

Above L & L agreement is deemed acceptance of continuance of agreement.

Legally he can seek increase of 3 to 5 % of rent, U can avoid his offer and if he insist eviction, let him reach court,

Keep records of rent payment and proof of rent increase demand. Possible , take in writing.

Yogendra Singh Rajawat
Advocate, Jaipur
14668 Answers
19 Consultations

4.6 on 5.0

1. If the lease agreement expired and thereafter you have been paying rent continuously, then the tenancy converts into month to month tenancy.

He can not increase the rent 3 times at a go.

Let him file an eviction suit and then you fight the same.

till then keep on depositing the monthly rent as agreed earlier.

Regard s

Anilesh Tewari
Advocate, New Delhi
17278 Answers
267 Consultations

5.0 on 5.0

You can refuse to pay the abnormal hike or enhancement of rent being made suddenly.

You may even refuse to vacate the property and file a injunction suit before the rent controller court or in any civil court within the jurisdiction seeking to restrain him from forcibly evicting you other than by due process of law,

You may also deposit rent in the court if he stops collecting the rent

You can immediately file a caveat petition so that ther is no exparte injunction against, you by the landlord.

T Kalaiselvan
Advocate, Vellore
58991 Answers
749 Consultations

5.0 on 5.0

1. You shall have to decide as to what do you want to do with the fresh demand of increased rent.

2. You can negotiate with him for a more reasonable increase and if he refuses to compromise, you can pay the rent directly to the rent controller on the ground that in absence of fresh agreement, you have entered in to a verbal tenancy agreement with him for paying the same rent for the next 5 years and thereafter a rise of 10% will be effected every 5 years which he is denying now.

3. Make sure that you lodge a formal complaint against him alleging that he is disturbing your peaceful possession and is trying to forcibly evict you.

Krishna Kishore Ganguly
Advocate, Kolkata
22800 Answers
613 Consultations

5.0 on 5.0

Sir

If the landlord is wanting to increase rent beyond the market rent of the place, then you can opt for 'fair rent' before the rent controller.

Thanks

Shiddhartha Banerjee
Advocate, Calcutta
42 Answers

5.0 on 5.0

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