I have cesc as my tenant in property .. My rent was approx Rs 8 per sq ft when tenure got completed in january 2019..it was a 20 years contract.. It had the clause that if cesc is willing to stay then we cannot remove him but would be at the market rate prevailing at that point of time in locality and also he has to inform us 3months prior of completion of agreement that he wants to continue using property for another term which they did not do neither by written or any means.The agreement was done by previous owner of the property..Now when I am asking for fair market rate as per the clause in previous agreement they are not willing to pay infact i offered more than 25percent less than market rate..the same property has one more tenant which is occupying 1st floor and is paying me now Rs80 per sq ft in same building..while cesc is in ground floor and i have offered Rs 80 for ground floor too but they are saying it would be based on last price which we paid that is Rs8 and at maximum we can double it and when i said it is against clause and if you dont want to stay you may leave then reply is cesc was and will be there at any cost ..what should be done as they are showing their name power and harrasing me..Is name above law?
Dear Client,
If tenant is not ready to comply with agreement renewal condition and rent, have to vacate the premises. Issue legal notice, mention renewal term and revision of rent as per clause of agreement. If not agree than vacate the premises with in 15 days. File eviction suit.
You can send them notice for breach of contract and can file suit for specific performance of the said contract. If you want to evict him you can also file eviction suit after giving him notice
Issue tenant legal notice to vacate premises on completion of tenure of agreement
2) if they refuse file eviction suit against the tenant
3) also seek market rent for continuous un authorised occupation of premises
Hello,
Send a legal notice to them for eviction under section 106 of the transfer of the property act.
If they do not respond to the same then file a suit for eviction on the ground of breach of the contract.
Regards
1) You can file case in court to vacate the property as you have to do a business to run family bread n butter.
2) Or follow the instructions of old agreement that market rate will be applicable.
1. It is not clear how long the the tenancy was created at the time time when CESC first took your property n rent.
2. If there is no time fixed then you have the option of evicting the tenant so you can induct a fresh a tenant on a market rate.
3. So send it an eviction notice after which file eviction suit.
4. This has another advantage of forcing to make settlement of the dispute by enhancing the rent.
All the best.
You issue a legal eviction notice invoking the said clause in the agreement.
Let them give a reply refusing to vacate, then you can approach court with an eviction suit.
If the clause is authorising you to take proper steps, then on that basis you may proceed.
You have to send a legal notice in this regard that he has failed to inform you prior to 3 month of completion of the agreement so as per the agreement they have to vacate the property in case the tenant is failed to reply legal notice ready to negotiate the market price for another turn of Tenancy you may file eviction suit the unauthorised tenant and also claim the compensation for the overstay in property at the market rate.
1. File an eviction suit immediately
2. It is a good case to win though the case might take time to be disposed of.
3. Pray for payment of the arrears at the market rate as per the agreement when the matter is decided by the Court.
Issue a notice demanding to pay the increased rent as per market along with arrears of payment within one month.
Failing which file a money recovery suit and eviction suit if you feel necessary. Law is to protect tenant from giving excessive rent but not from reasonable rent as per prevailing market value.
issue a legal notice through an advocate and file eviction suit before jurisdictional civil court.
Dear client
You can file a case against CESC for not complying with the agreement which they have done with the owner of the property.
And the suit should be of specific performance of the contract. Either pay rent according to market value or vacate the premises.
There is no Name which is above law you should go ahead with court case.
But before that you should send them a legal notice through your advocate to CESC for either pay rent according to market value or treat it as notice to vacate the premises In 3 months.
The property is under tenancy from 1979 for 20 years that is till 1999 ..after this period got over the said tenancy agreement was renewd for further 20 years that is from 1999 to 2019 but with a clause that if cesc is willing to stay at the property then we have to again renew the tenancy agreement but that would be done on market rate prevailing in the locality at that point of time..this clause is mentioned in agreement . But now they are saying we can increase rent as per last rent we paid and not according to the market ..as we are utility company and is dealing in power distribution hence we cannot pay market rate instead we can increase rent to 13 rs per sq ft as last rent was 8.94 rs per sq ft .. but market rate in locality is 135 approx and we have offered 86 rs per sq ft .. They had a meeting organised and openly said cesc cant be removed at any cost if cesc was there then it will be in future and no law can remove us. If legal action is taken we will cut power supply of your building .. Please help what needs to be done
Take legal proceedings fir eviction of tenant
it is bound to pay you market rent as per terms of your agreement
electricity is an essential service and cannot be disconnected
1. CESC is not above law.
2. File an eviction suit immediately.
3. They shall have to pay the rent as per the market rate as agreed by them in the last tenancy agreement or shall have to vacate.
4. It is a good case to win though evcition cases take long time to be disposed of.
If the same is a rental agreement and if prevailing rent control Act have any standard rent only through which the said increase can be done then such standard rent will be applicable. Otherwise you can claim market rent
These are just the threats that are being passed by them.
You may go ahead and file a case for eviction
Regards
You dont get frightened by their false threats.
You should remember that once a tenant is a tenant for ever, he cannot dominate or direct you the conditions and clauses for tenancy.
Nothing prevents you from issuing a legal eviction notice and then file a suit to evict the tenant from your property.
Let the court decide about the maintainability