Hi I had entered into a 10 year lease deed with an individual in august. He wanted to make a restaurant in my Ground floor and kitchen in part of my basement floor. (Illegal) My property is sanctioned for hostel. But the restaurant person saidhe will take care of everything as he know people. He bribed officials and secured trade licence and health licence. Now, when the matter is at stage, He has withheld rent for 1.5 months and has also bounced a cheque. The maintainamce electricity and water bills remain unpaid , while heis using all the facilities. meanwhile, the neighbour objected heavily, Wrote letters to everyone comcerned and thus the restaurant owner was forced to approach highcourt which referred BBMP to pass judgement after interraction with both parties. Now the BBMP has given the restaurant owner notice asking for Occupancy certificate and otherthings, which are impossible to provide Along with 1/2 month rent, the tenant sent a notice accusing me of misrepresentation and said that he has invested 70lakh in interiors and will sue me for damages. Now my questions 1. How can i get backmy property without me paying any damages. 2. Can i disconnect electricity water 3. If the tenant continue to stay in premise after licence cancellation, not do business and not pay rent. I file an evictionsuite and how do i get him to pay the rent to court. 4. The tenant has a reputation of doing this with a lot of people as per our enquiry. We need to bring him to justice. He has uncleared payments with staff vendors and almost everyone he does businesses with.
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1. File a suit for cancellation of the lease deed alongwith possession.
2. I would not suggest you to do the same.
3. If he does not pay rent to the court then his right to defence will be striked off as per order 15 rule 5 of the Code of civil procedure.
4. If that is the case then you may also file an FIR against the said person.
Regards
Dear Sir
You need not bother. He is the defaulters and you are right because it was for running hostel. We can twist the situation and see that he come to our terms. I am retired judge, I will help you. Please come to my office in Benalure. My answers are as follows:
1. How can i get backmy property without me paying any damages.
Ans: Yes you can back the property because he misrepresented to you and not you. I elaborate in personal meeting. Documents in respect of using it as Hostel is in your favor. Rest assured.
2. Can i disconnect electricity water
Ans: No, never do it, it runs in negative. It is very dangerous move. Basic necessities should not be disconnected.
3. If the tenant continue to stay in premise after licence cancellation, not do business and not pay rent. I file an evictionsuite and how do i get him to pay the rent to court.
Ans: He has to deposit the amount in Court orelse summary eviction order will be passed.
4. The tenant has a reputation of doing this with a lot of people as per our enquiry. We need to bring him to justice. He has uncleared payments with staff vendors and almost everyone he does businesses with.
Ans: Get his history, it may be useful.
1. Send him an eviction notice, since he has faulted in paying the rent to you as per the agreement.
2. Just check,if you're empowered to do this in terms of the Agreement on account of lapse on part of the tenant in paying the rent.
3. Yes, incase he does not evicts despite the notice, file an eviction suit. What does the rent agreement speaks w.r.t. the use to which this property was to be put to use buy the tenant?
4. You could contemplate lodging of a criminal case against him.
If any one is entering in any agreement the responsibility lies on him to check what he is signing. The matter of misreprentation arise if he has disclosed the purpose of the lease deed.
It will be illegal to disconnect the power rather as per the term of the agreement and causes please send him a notice of termination of the contract.
1. There is an outstanding of rent payment.
2. He has not disclosed the purpose or the purpose of lease as per the agreement is different as the case may be.
3. Challenge the licences issued for the restaurant.
1) it is necessary to peruse lease deed entered by you with restaurant owner
2)you cannot disconnect electricity and water supply
3)without OC you cannot give premises on rent
4) you have to file eviction suit if he fails to pay rent.
5)claim arrears of rent
6) contact a local lawyer
1. No tenant is can make more than 3 months of defaults in paying rent .if he does so he is liable for eviction on this ground alone. So taking refuse of investment will not do.
2. You can not disconnect electricity unless there is non payment of electricity charges for few cycles.
3.Once you file suit for eviction on the ground of brec od agreement, default of rent and your bona fide rent the tenant is bound to deposit the admitted rent in court. If he does not do so then his right of defence in the suit will be struck off.
4.Yes, inform the pollution control board, health department so his license is revoked causing to hold your proeprty no more feasible. Eviction suit is to be filed anyway.
1. Give notice of 15 days to your tenant for eviction and cancellation of lease and if does not file eviction suit claiming rent arrears and all other light water expenses.
2. No kindly do not disconnect.
3. The tenant has to compulsorily deposit rent arrears ordered by court else he wont be able to defend suit and shall pass order in your favour.
4. Right a letter to the concerned municipal department along with police authorities stating his license cancellation and illegally carrying out business.
For your other query lease agreement is to be seen in normal lease agreements he can claim no damages from you.
Dear Client,
Is there any rent agreement executed.
WELL, u r liable for any damages to be paid.
1. How can i get backmy property without me paying any damages. - Fiel suit for eviction for default in payment of rent, Bills, etc.
2. Can i disconnect electricity water -- U can disconnect, if he is not paying bills.
3. If the tenant continue to stay in premise after licence cancellation, not do business and not pay rent. I file an evictionsuite and how do i get him to pay the rent to court. -- Rent is right, that court will order ad interim, he cannot claim to stay in property without paying rent.
4. The tenant has a reputation of doing this with a lot of people as per our enquiry. We need to bring him to justice. He has uncleared payments with staff vendors and almost everyone he does businesses with. --
1. It is illegal on your part to let out your property to a restaurant when the original approval was for hostel.
Moreover allowing him to continue to avail the amenities without paying for them is also your fault, you should have disconnected the services if there was no rent, no sum paid for utilities, no advance amount held by you.
2. You issue a legal notice to vacate him and deduct the charges from the deposit held by you.
3. You have to recover the dues through court by due process of law.
4. You may concentrate on your grievances alone, do not poke into others problems.
