1) Can the tenant enforce the Unregistered Rent Agreement of 5 years ?

Answer: No the property has to be registered withing 4 months otherwise you will need confirmation deed;

2) Cant I ask for my property for my personal necessity ?

Answer: You can evict the tenant and use the property as per your wishes for earning money. Personal wishes should be something which yields you money, because it has to be used for commercial purposes;

3) The Tenant is claiming that they are not paying the Electricity Bill as I have not provided them the Electricity Bill but the Bill comes in the rented premises itself from the Electricity Department. How can I give him Electricity Bill to the tenant ?

Answer: The electricity bill can be obtained from the department or you can pay the same online which shows the bill amount pending etc.;

4 ) The tenant is claiming that they are paying Rent in Cash, but I have never received any Cash from them ?

Answer: Send them a notice and ask for the proof of being sent in cash. File a recovery suit as well against them to recover the money;

5) The tenant is claiming to have installed Machine in my Office premises and have incurred heavy expenditure on Interior and Infrastructure. But I had never given permission for installation of any machine or for incurring heavy expenditure on Infrastructure ?

Answer: Since the tenancy agreement is not registered, the tenants are illegally occupying the premises and therefore become trespassers;

6) The tenant has registered a Private Limited Company in the rented premises but I had never made any agreement with this Company and have never given any NOC. But the tenant has filed a fake NOC by putting SD/- in signature place in my name. The Registrar of Companies has registered the company in the said address on the basis of such fake document signed with SD/-

Answer: You should file a complaint against this tenant for fraud and forgery and also under section 420 of IPC for cheating you.

1) tenant can enforce un registered agreement for 5 years

2) you can terminate agreement by invoking termination clause in rent agreement

3) there is no evidence of any rent paid by tenant as you have not signed any acknowledgment of receipt of rent in cash

4) inform tenant that electricity bill is delivered at rented premises to pay the electricity bill

5) for carrying out renovation in rented premises your permission is necessary

6) further to use your premises as registered office of company your written permission was necessary

1. If tenant is at default, he cant enforce the agreement on you

2. Yes absolutely. You have your ownership property but due to tenant you have to rent out another premises for your business. Court does look into such aspect and orders eviction against tenant

3. You are right. The tenant's contention is absurd. You not providing the electric bill cannot be the reason to refuse paying the bills

4. Let the tenant prove that. You have to deny

5. Yes whatever expenses the tenant did is at his own peril. That can't be an excuse for not vacating

6. Write to the registrar of companies and also to the police station complaining forgery against tenant

Non payment of rent and other charges and bonafide requirement are strong grounds for you. Hope you have claimed damages and compensation from the tenant in your suit

For now you can file a notice of motion on the ground that tenant is carrying on hazardous bisiness from the premises without permission from pollution board and hence the work ought to be stayed by court. This will put pressure on tenant to come to you for a settlement

Right to evict a tenant

With the Rent Control Act applicable only to a tenancy of over 12 months, things seemed tougher for landlords to evict tenants living in the property for years. The Draft Model Tenancy Act 2015, which has been in the news recently, aims to make things easier for landlords as well as tenants by addressing untimely eviction, repossession issues as well as mutually fixing and revising the rent. Laws now allow landlords the right to evict a tenant on the grounds of breach of rental agreement; subletting rented premises or a part of it without landlord's permission; default in payment of rent for specified period; misuse of the property; or conducting illegal activities in the rented premises. The landlord also has a right to evict a tenant if he or she requires the building for his or her own occupation.

To prevent tenants from overstaying, landlords can also add a clause of hike in rent in the agreement, if the tenant does not leave when the contract ends.

Also read: 5 Things Landlords Should Do To Guard Their Interest

Right to temporary recovery of possession

A landlord is entitled to obtain possession of the property, in case there is a requirement for him to carry out repairs, alterations or additions to the building, which cannot be carried out without the building being vacated, after which the building will again be offered to the tenant. Or, if the rented accommodation has become unsafe for habitation and cannot be refurbished without being vacated, the landlord is entitled to get possession of the property.

1) No he can't enforce the rent agreements.

2) Yes, you can take property possession in your hand back. I have mentioned above points.

3) Catch the delivery person who delivers the Electricity bills or any APP created by company. If tenant had used the Electricity than he has to pay the bills.

4) Ask him to prove it.

5-6) You can file forge complaints against him thathe had done fraud and misrepresentation and registration company name on.your address by providing false documents.

For further details you can call me via consultation call.

1) Yes it can be used as an evidence but since he is not paying rent that itself amount to breach and ground of eviction along with that the personal necessity.

2) Yes the tenants breach of condition and personal necessity is the foremost condition to evict the tenant from premises and court consider same.

3) See first of all tenants statement itself sound illogical and wrong as the department according to there policy gives electric bill at the location of the property where electric connection is there. Second there are other way to pay the bills it is no excuse.

4) Ask tenant to produce proof of same if he is claiming same as tenant is not paying deny same before court.

5) No alteration modification can be done without consent of landlord, further NOC of land lord is required for making any premises registered premises of the company.

Complaint before the registrar of companies regarding same, further they will issue notice to said person. You can also file an FIR for making false document on him.

Let electricity department disconnect electricity connection on its own account for non payment of dues

2) ask tenant to return original rent agreement

Hi

1) An unregistered Rental agreement cannot be used as evidence in Court and hence the tenancy is only month on month.

2) Since you have filed an eviction suit, the tenant will be asked to vacate the premises by the court on the grounds of

a) Default in non payment of rentals by tenant &

b) Non existence of rental agreement

3) Since you are staying in a rented house, you can claim the property for your personal necessity(for business or residence)

4) You should also ask the court to direct the tenant to pay arrears of rent and all future rents in the court till such time the eviction suit is decided by the court. Normally once this prayer is allowed , the tenants generally vacate the premises and also withdraw the contest in courts . So ask your lawyer to press for this prayer in the court.

5) Since electricity dues have not been paid by tenant, you should mandatorily ask the electricity department to disconnect the electricity and also write to electricity department not to provide electricity connection in future without your written consent.

6) Any claim of cash payment of rentals will be disregarded by court in absence of rental receipts signed by you.

7) The tenant has to hand over the premises to you on as-is basis. Tenant cannot claim costs/compensation from land lord on improvisations made by him(tenant) for interior and infrastructure. Even whilst removing the said interior/infrastructure, the tenant is liable to pay for damages/refurbishing to owners.

8) You can write to Registrar of about the fraud and forgery of the tenant in submitting the fabricated NOC and the certificate of incorporation will be cancelled by ROC.

9) You can also prosecute the tenant as well the newly registered private limited company under section 415 (Fraud), section 406(criminal breach of trust), Section 441(Trespass) read with section 120 of IPC by filing a complaint with the police station or a private complaint under section 200 Cr.P.C in the criminal court.

10) A photocopy of rental agreement of 11 months duration is valid in eyes of law. So no need to worry on this front. If the tenant denies the photocopy of rental agreement, it will actually be to your advantage and you can sue him and claim enhanced rentals, compensation and damages etc.

Hope this information is useful.

The electricity department on failure to deposite the charges will automatically cut the connection you don't have to request. Your request can be presented in different way in court by tenant. So let them take action

2) produce copy of messages and email before the court supporting your statements.

3) file an application before the court praying that court should direct the tenant to produce original document as he has retained same for bank purpose.

1) No you don't do like that.

2) You can get receipt from app also for electricity bill from that site if you have details of electricity any bill I can provide you all details.

3) That should you have kept with you. As of now you can ask original documents from him back.

Firslty, no you can’t do that as for the electricity department it is you who is the owner, they don’t know the tenant.

Secondly, yes you should try this at least.

Thirdly, photocopies are also sufficient.

1. The tenant has no rights to continuously occupy the rented premises if he has not paid the rent and other charges as prescribed in the rental agreement.

In fact a valid rental agreement is beneficial to the tenant only whereas the unregistered rental agreement is not valid and moreover he has defaulted in the monthly rental payment hence he does not have any rights to occupy the premises, he can be evicted on this ground itself.

2. Yes, you can.

3. Let him prove that, but that cannot be claimed as an excuse since he is using the electricity

4. Let him prove it.

5. This is the place where the rental agreement with the conditions therein will help you save the situation and to defend your stand properly.

6. This aspect can be highlighted before court.

However nothing prevented you from making a complaint to the registrar of companies about this fake and forged documents, why have you not taken any action on this so far?

You had been keeping quite all the while about this till now, whereas now since there is a dispute with him, you are bringing all such things to the fore which can be considered as an afterthought action.

1. Why did you pay the electricity bills if he has consumed but not paid the charges?

If you stop paying the bills, they will automatically disconnect the supply.

2. What do you want to say about this?

Have you got them?

If not what was the follow up action on it?

3. You can rely upon that also and can produce it before court mentioning that the original is held by him.

1. No. That would amount to withholding of essential services which can go against you. If tenant does not pay the bill, the department will automatically cut the supply as per their procedure

2. Yes you are entitled to ask the receipts for paid electric bills

3. That does not matter

1) Should I ask the Electricity Department to disconnect the Electricity on account of non-payment of Electricity Dues by the Tenant ?

Answer: Yes you can ask the electricity department to disconnect the electricity. But even if one doesn't pay last three bills, the department on its own disconnects the electricity. It looks like the tenants are making payments though irregular;

2) Though the tenant claims to have not received the Electricity Bill, he had paid some part payment of Electricity Bill few months back ? I had also asked the tenant through e-mail and Whats App to provide me the receipts of the Electricity Bill and clear the rent dues ?

Answer: Since he pays the electricity bill, he may not accede to your requests. Therefore you have one option to send him a legal notice in this regard;

3) The Original Rent Agreement was taken by the tenant for their Bank Loan and other official purposes. I have only the photocopy ?

Answer: If the original agreement is in hands of tenant, he may have got it registered by now. The registration happens online nowadays. Please see the link: http://regd.jharkhand.gov.in/jars/website/ ;

This is my response to you:

1. Send him a legal notice again for eviction;

2. File an eviction suit;

3. Also file recovery suit for the illegal money he has taken from you;

4. You can also claim compensation for the mental loss suffered by you;

5. You must engage services of a lawyer and find some loopholes in the rent agreement.