• Shall I give copies of my LLP agreement and other documents demanded by my landlord?

I own a tenanted shop in Mumbai. My next door shop is a fast food shop which is small with no sitting place. So I have entered into a limited liability partnership with my next door shop guy with an understanding that whatever food is prepared in his premises would be served in my shop (which is air conditoned) and renovated and especially made for families. We have shop and establishment certificate in my name, Fssai license in firms name, Health departments License in both our names, we have received a certificate of incorporation from Ministry of Corporate Affairs, we have got a PAN card in our establishments name and have opened up a current account in the firms name.
Now, my Landlord has sent me a notice saying that I have sublet the premises and has stopped taking monthly rent since last 6 months. I have sent him a money order which he has refused. He says if I have entered into a partnership than I must handover copies of all the documents to him and then he will show it to his lawyer and if found in order only then will he start taking rent. Now, my local lawyer whom I consulted insists that I pay rent in the court and my Landlord demanding copies of documents doesn't falls under the Maharshtra Rent Control Acts' ambit. Let Landlord come to court and only there shall we show it infront of the Judge. 
Now, I think if we can solve the problem amicably by just giving copies of documents then why take it to court and enter into a lengthy procedure? Hence, all learned friends on Kaanon.com I wish to have a second opinion. Please, give your valuable advise.
Asked 4 years ago in Property Law
Religion: Muslim

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14 Answers

It is so simple in case you have entered into m o u with any person to provide the services and you are doing your business in your name you need not to provide any document to your landlord in case it is the company registered in LLP format you can provide the incorporation certificate copy to the landlord for the purpose of KYC information no person can company to provide any security document of your firm.

If you have a valid rent agreement and landed is not receiving the rent you may deposit the rent into court and dispute the rent deed by a civil suit.

Vimlesh Prasad Mishra
Advocate, Lucknow
6848 Answers
23 Consultations

4.9 on 5.0

You should deposit rent in court if landlord refuses to accept rent

Don’t furnish documents demanded verbally by landlord

If you give copies of documents landlord will file eviction case against you for sub letting the premises

Ajay Sethi
Advocate, Mumbai
87917 Answers
6207 Consultations

5.0 on 5.0

First of all don't provide any copy of document, he might be asking it for the purpose of file eviction suit on gound of that you had sublet the premises to LLP without obtaining his permission.

so he want a strict proof of same from you only.

Secondly you keep record of every money order sent let him file a case deposite rent in the court without reason he wont be able to evict you.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

The Supreme Court in Helper Girdharbhai v. Saiyed Mohmad Mirasaheb Kadri & Others (1987) 3 SCC 538 observed, citing a Gujarat High Court judgement, that it was well settled that the mere fact of a tenant entering into a partnership and subsequently allowing the demised premises to be used for the benefit of said partnership could not be said to be an act of sub-letting. So your lawyer has advised you correctly and you are on terra firma so to speak.

Pulkit Chandna
Advocate, New Delhi
191 Answers
5 Consultations

4.9 on 5.0

Hello,

Don't give the copies of the documents of your company .

If you take the rent for business purpose the he cannot make any issue till he shows that other person is also running a business on that property .

Hope this helps.

Regards

Swarupananda Neogi
Advocate, Kolkata
2941 Answers
6 Consultations

4.7 on 5.0

You should convince your landlord that it is not sublet. For the sublet possession is necessary, in your case you have not been given possession to your partner to do business in your premises. The partnership agreement between the parties are related to the sale of goods i.e. food material. Use of place for selling a specific food material does not constitute a sublet therefore your landlord's averment is incorrect

Shivendra Pratap Singh
Advocate, Lucknow
5127 Answers
78 Consultations

4.9 on 5.0

In this scenario you should move an application before the small causes Court and deposit the rent. If landlord refuses to accept the rent the remedy available for the tenant is to deposit the rent in the court. Then the court will decide the dispute between landlord and tenant. your advocate is quite correct and he has given you proper advice therefore you should go with him.

Shivendra Pratap Singh
Advocate, Lucknow
5127 Answers
78 Consultations

4.9 on 5.0

The landlord has no business to ask for the copies of the LLP or partnership agreement.

That is your personal.

Entering into a partnership is your own business to which the landlord cannot object or take any action under tenancy act.

If the premises have not been sublet then there is no issue.

The views and suggestions of your advocate seems to be right and he is guiding you properly, hence in, my opinion you may follow the advise and suggestions made by your own advocate in this regard.

T Kalaiselvan
Advocate, Vellore
78070 Answers
1543 Consultations

5.0 on 5.0

Tenancy was granted in your name and not in name of firm

Hence landlord will file eviction suit against you

You have to pay your litigation expenses

Ajay Sethi
Advocate, Mumbai
87917 Answers
6207 Consultations

5.0 on 5.0

The landlord may try to twist the story in his favor on the basis of the documents you provide to him by finding some loop hole, though you can challenge the same properly.

Depositing the rent before court is also another case and has to undergo the same process as any other case.

You can seek costs from court in the prayer itself, the court may consider the same if the case is decided in your favor

T Kalaiselvan
Advocate, Vellore
78070 Answers
1543 Consultations

5.0 on 5.0

In general tenancy rules premises cannot be sublet by tenant or cannot be used for purpose other than agreed by tenant and landlord. So the tenancy is granted to your name not in firm name so he can file a case of eviction agaisnt you.

If there were no such agreement terms than he cannot take any action agaisnt you.

The court procedure takes bit time you have to file a suit in civil court and pray for depositing amount and asking specific relief from court that land lord is bound by agreement.

You can pray before court for litigation fees.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

1. When a shop is let by a landlord for commercial purposes, it can be any commercial purpose, unless specifically stated in the tenancy agreement as to for what commercial purpopse, the shop has been let.

2. Your case does not come under subletting since you have formed a legitimate partnership with your neighbour for business purpose to be operated from your shop.

3. As you have been paying rent to landlord through money order, that is sufficient discharge of your tenancy terms and you need not do anything further.

4. Let the landlord file a case in court in which you can deposit the rent arrears which are refused to be accepted by your landlord.

5. There is no harm in giving the photocopy set of your documents to the landlord since all are in public domain.

Yusuf Rampurawala
Advocate, Mumbai
6880 Answers
79 Consultations

5.0 on 5.0

No, deposition of rent before the court is not a lengthy procedure it is very summary procedure because the dispute regarding the rent is entertained by the small causes Court, only with the purpose to keep summary procedure for speedy justice in the case of rent dispute. It is definitely not a sublet therefore you will win the case. If case is decided in your favour then cost of litigation shall be Borne by the landlord and the court will grant compensatory cost upon the landlord and order to pay that compensatory cost to the tenant.

Shivendra Pratap Singh
Advocate, Lucknow
5127 Answers
78 Consultations

4.9 on 5.0

If your landlord is asking you for documents there is no harm in showing it to him. It's his property and he has all the right to know what happens there. Transparency is always good. Denying him the same will only cause ego issues and unnecessary tiff between you and him. In future he will also not renew your agreement as no one wants a licensee who creates unnecssary issue. Going to the court is totally a dumb idea and not at all suggested in this case.

Prashant Nayak
Advocate, Mumbai
27247 Answers
88 Consultations

4.4 on 5.0

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