• Can unused / locked (for 7 years) tenanted shop be vacated under Delhi Rent Control

I have a property in which there are 3 tenants. One tenanted shop is operational whereas other two tenants have not opened their respective shops for more than 7 years. Both are paying rent regularly @ Rs. 160 per month regularly.

Electricity disconnected since 5 years.

Can this shop be vacated on account of non usage.

... M S Sethi
Asked 3 years ago in Civil Law

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15 Answers

Rent control act will not be applicable as rent is below 3500/-

However you can file a suit for eviction after giving the requisite notice.

Anand Shukla
Advocate, New Delhi
666 Answers
14 Consultations

4.9 on 5.0

1. Refer to your local rent act to find out whether this is a ground for eviction or not.

2. if yes then after sending the eviction notice you can file a suit for eviction and if there is no trace of the tenant then you suit would be allowed ex parte.

3. Do not take physical possession of the shop room without the permission of court.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

Yes you can file an eviction petition on the ground of Bona-fide requirement as to which he will be unable to show that he was in constant use of the premises, it does not matter in this case that whether he is paying regular rent or not.

You will have a better stand as the electricity connection is also dissconnected.

Archit Vasudeva
Advocate, New Delhi
260 Answers
2 Consultations

5.0 on 5.0

Sir you can send a eviction notice to the tenants and if on the notice they fail to respond and give up the possession you can file a suit of eviction seeking possession of the premises and shops,

The rent control act shall not be applicable in the case as Rent is less, as any premises having rent lower than 3500 is not covered under DRC act.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

No. Non usage can not be ground for vacation though it can be a strong ground for eviction suit if you have a requirement for personal use.

Kallol Majumdar
Advocate, Kolkata
2833 Answers
14 Consultations

5.0 on 5.0

A longe period of non-user also remains equally a good ground for eviction, but the Crux should be thstat premises are required bonafide by the landlord for himself for occupation  or any other member of his family dependant on him

The shop can be vacated on such grounds,  for which you will have to send a legal notice to the tenant first.

If he fails to vacate the shop after receiving the legal eviction notice, you can file a suit for eviction on the ground of non-user of the suit shop for a period of more than 5 years and bonafide requirement.

 

Regards.

 

Siddharth Jain
Advocate, New Delhi
5928 Answers
101 Consultations

5.0 on 5.0

Yes it can we vacated on account of non usage by filing eviction suit 

Prashant Nayak
Advocate, Mumbai
27261 Answers
88 Consultations

4.4 on 5.0

If your property is situated in delhi You have the option of filing a suit for eviction against your tenants on the ground of bona fide requirement in case the tenancy falls within the purview of the delhi rent control act

Mohammed Mujeeb
Advocate, Hyderabad
19031 Answers
32 Consultations

4.5 on 5.0

  1. As per the information mentioned in the present query, makes it clear that the shops were given on rent and the rent is too low in comparison to the present scenario of rent in other areas.
  2. As they have been protected under the Delhi Rent Control Act, they can’t be just asked to vacate the shops or you can get it opened without their consent otherwise there are chances that they may file false police complaint against you for criminal tress pass or theft.
  3. But, yes you can file a suit for vacation of the shops before the rent controller as they have neither increased the rent nor operating the shops so that can show the willingness to increase the rent.
  4. And also in the suit itself, you can ask for the increase in rent now as per today’s market value off property being given on rent in your area.

Sanjay Baniwal
Advocate, South Delhi
5464 Answers
13 Consultations

5.0 on 5.0

You can file eviction suit if tenant has not used the premises for over 7 years 

 

2) rely upon fact that electricity consumption is nil and electricity meter disconnected 5 years back 

Ajay Sethi
Advocate, Mumbai
87932 Answers
6207 Consultations

5.0 on 5.0

1) You have to prove in court that those to tenants are earning from different source and now they do not require your shop as they had kept empty for more than 7 years without electricity.

 

2) You need these to shops to run your own business for your daily earning and to run your own family for bread and butter  you require extra income and heavily need financial support so you want you shop back in your custody.

Ganesh Kadam
Advocate, Pune
12335 Answers
191 Consultations

4.9 on 5.0

Yes but option is some how weak, take option of genuine need and for that there are so many grounds like self use, your wife has to open a boutique by adjoining both the shops etc. Your case will be more stronger as the electricity has already been disconnected 5 years ago.

Koshal Kumar Vatsa
Advocate, Gurgaon
2283 Answers
3 Consultations

5.0 on 5.0

Dear Client,

Premises have not been used without reasonable cause for the purpose for which they were let for a continuous period valid ground for recovery of possession.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

Dear Sir,

The Supreme Court judgement says that: Land lords can evict shop tenants.

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.

 

https://timesofindia.indiatimes.com/city/delhi/Landlords-can-evict-shop-tenants-SC/articleshow/2960716.cms

Netravathi Kalaskar
Advocate, Bengaluru
4952 Answers
27 Consultations

4.8 on 5.0

As far as eviction is concerned, the landlord would have to file a petition before the competent Rent Control Court to seek eviction of the tenant. Under the Rent Control Act, landlords can evict tenants only under specific grounds, which include wilful default in rent payment, subletting without the prior consent, causing nuisance or when the landlord himself requires premises for personal occupation.

The Supreme Court has given a judgment that would help landlords evict tenants in prime commercial zones like Connaught Place, Karol Bagh, South extension and walled city who, in most cases, have been paying a few hundred rupees as rents for decades.. 

Though the court removed the word 'residential' from Section .14(1)(e) of the Delhi Rent Control Act, it tried to strike a ..balance by laying down that recovery of rented premises still needed the landlord to prove that he need it for his use and lacked alternate suitable accommodation 



 







 



 

T Kalaiselvan
Advocate, Vellore
78089 Answers
1543 Consultations

5.0 on 5.0

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