• Eviction and rent

I have purchased property with existing tenants .The agreements were expired of tenants with previous owner,but they were paying their 10 times lower rents on time through banking.Now I want mrent as per market value should i file eviction in court,and my question is should i accept lower rent from tenants as i havent done any agreements with them or should i file evection in court and damages for rent as per market value.as legally they are occupants i dont have tenant relationship.
Asked 4 years ago in Property Law
Religion: Sikh

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17 Answers

1. If you wish to have the tenants vacated then you must not accept any rent from them and immediately issue a legal notice terminating their tenancy or license and calling upon them to vacate the premises

2. if they fail to vacate the premises within the notice period stated in your legal notice then you can warn them through the legal notice itself that they will be liable to pay damages for illegal occupation of the premises after expiry of notice period till they hand over its vacant possession

3. i suggest you first speak to them to vacate the premises and if they are not agreeable then you will have to file an eviction suit in court

Yusuf Rampurawala
Advocate, Mumbai
6881 Answers
79 Consultations

5.0 on 5.0

Dear Client,

Instead of receiving rent, file for eviction for lapse of tenancy agreement. otherwise deemed acceptance of tenancy.

Will not order increase of rent acc. to market value but revision of rent provided in local rent act which also be low.

So, better file for eviction.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

Sir first of all talk to them and try settling amicable give them time for 15 days to evict the flat as the agreement is expired and they are no more tenants and donot accept rent from them.

if they donot settle issue them a legal notice for illegal occupation as there is no tenacy agreement as agreement with first owner also expired, also don't receive rent from them as by that they can show that they are your tenants not illegal occupants.

Thirdly if on notice they don't evict file a eviction suit before civil court.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Better enter into registered leave and licence agreement with the tenants

2) on expiry of agreement file eviction suit against tenant

Ajay Sethi
Advocate, Mumbai
87932 Answers
6207 Consultations

5.0 on 5.0

No, simply give him eviction notice to vacate the property which will create problem in future.

As the ownership is changed he has to go if the new land Lord is not willing to continue.

Vimlesh Prasad Mishra
Advocate, Lucknow
6848 Answers
23 Consultations

4.9 on 5.0

No there is a tenant relation exists if you have kept them living after buying any knowing that they are tenant in the property.

But, yes there is a presumption of law as to increase in rent as per market value from time to time.

You can file eviction on the ground of non payment of rent if they are not paying.

But, if they are paying no matter the lower also. Then you need to love an application before the rent controller for the increase in the rent as per market price.

Sanjay Baniwal
Advocate, South Delhi
5464 Answers
13 Consultations

5.0 on 5.0

You can inform the tenants in writing that you are the new owner for the promises they are occupying and can demand them to pay future rent at the enhanced rate and also to immediately enter into a rental agreement since their previous rental agreements have expired long back and they cannot remain in the premises without a rental agreement and without paying the enhanced rent.

If anyone is not willing to pay the enhanced rent and not willing to enter into fresh rent agreement, they may vacate the premises or they will be evicted by due process of law.

You can initiate proper legal action after that as per law

T Kalaiselvan
Advocate, Vellore
78089 Answers
1543 Consultations

5.0 on 5.0

If they paid rent after expiration and transfer of ownership and you accepted it, it will difficult that court grant you increased rent.

If in court in eviction suit the tenant agrees during suit for new agreement with increased rent than you can agree for that otherwise eviction is procedure and you can recover the arrear rent for eviction period at current rent what they are paying .

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Yes, you can very well take the advantage of that, but subject to one argument from their side which may put end to your evidence of neighbour example that is “how you can say that their rent is as per market value as it is the duty of the court to decide the same.

Yes, for sure your rent will get increased as per market value while the suit is in progress.

Sanjay Baniwal
Advocate, South Delhi
5464 Answers
13 Consultations

5.0 on 5.0

Once there is a litigation in court in this regard, you canot expect any such thing.

You cannot do anything about the delay due to litigation, you may have to bear them.

T Kalaiselvan
Advocate, Vellore
78089 Answers
1543 Consultations

5.0 on 5.0

Eviction suits take 5 years to be disposed of

2) you would be able to recover rent as per clauses in agreement entered into by licensor with the licencee

Ajay Sethi
Advocate, Mumbai
87932 Answers
6207 Consultations

5.0 on 5.0

Dear Sir,

If you approach the Court for eviction, during pendency of such suit you may file interim application for a direction to the tenant to deposit the agreed rent. Another application may be filed to enhance the rent, if this application is rejected then you may approach Appellate Court. Anyway it is better to file eviction suit and get rid of old tenants who will be problematic at any future point of time.

Kishan Dutt Kalaskar
Advocate, Bangalore
6050 Answers
381 Consultations

4.8 on 5.0

1. yes if you have terminated the contract with your tenant and called upon him to vacate the premises, then if your tenant dos not vacate the premises within the notice period stated in your legal notice, then on and from the expiry of the legal notice, the tenant will be considered as a trespasser on the property and you are entitled to claim the rent at market value from the tenant towards mense profits i.e. the rent which the property would have fetched to you, had you let it out for a rent at market value

2. so the rent mentioned in your contract will not prohibit you from claiming the rent at the rate of market value if the contract with your tenant has been terminated by you

Yusuf Rampurawala
Advocate, Mumbai
6881 Answers
79 Consultations

5.0 on 5.0

Prayer for increase in rent is permissible but Increase will order acc. Rent act which is very low and not by market value.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

Hello,

I would advise you to file a eviction suit.

Contact a lawyer and send a notice for eviction u/s 106 of the Transfer of Property Act

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

they will have to deposit the rent before the court.

if they will not deposit the same then the right to defense will be striked off in furtherance of order XV rule V of the CPC

Get in touch with a local lawyer.

regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

You can file eviction suit to evict them. First send then legal notice. Once agreement is expired they can't pay the rent on the earlier agreement. You can claim mesne profit in the eviction suit before court.

Prashant Nayak
Advocate, Mumbai
27261 Answers
88 Consultations

4.4 on 5.0

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