• Rent Collection

My greatgrand father (who has expired), owns 5 shops in Laxamngarh, Rajasthan. The rent for each of the shops has been Rs. 150 per month for 2 years and then increased to Rs. 200 per month in the last 10 years. The shopkeepers have stopped paying rent since the past 3 years. We seek to realise as well as increase the rent amount. The market rate of rent for each of the shops is Rs. 2000 per month.
Asked 6 years ago in Property Law
Religion: Hindu

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19 Answers

on demise of great grand father muttation of shops should be done in name of legal heirs 

 

2) issue legal notice to tenants to pay arrears of rent 

 

3) file suit for eviction against tenants 

Ajay Sethi
Advocate, Mumbai
99977 Answers
8159 Consultations

Issue notice of eviction for default in paying rent. Than file eviction suit along with prayer for revision of rent. Court will order payment of due rent with interest and regular rent within a month and in same proceeding, court will revise the rent acc. to prevalent law/market value.

Yogendra Singh Rajawat
Advocate, Jaipur
23085 Answers
31 Consultations

You need to file a eviction suit if they have stopped paying rent. If the same comes in rent control laws of state they will only pay standard rent. But if there is no such laws then they have to pay market rent. 

Prashant Nayak
Advocate, Mumbai
34660 Answers
249 Consultations

Dear Sir,

So you got a 25% rent increase (or more!) – Is that even legal? Most likely, yes it is legal.* Landlords can charge whatever rent the market allows. State laws dictate how much notice a landlord must give before raising the rent on a month-to-month agreement.

Netravathi Kalaskar
Advocate, Bengaluru
4951 Answers
27 Consultations

1.  Move local Civil Court, for declaration & increase in Rent and IF the Tenants fail to give Market Rent, THEN to evict them. Do this thru a local advocate, by serving Notice, by following due procedure of law.

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

you cannot take forcible possession of premises given on rent 

 

2) you have to follow due process of law 

Ajay Sethi
Advocate, Mumbai
99977 Answers
8159 Consultations

You can try to send them a legal notice of vacation if not vacated you need to approach court there is no short cut

Prashant Nayak
Advocate, Mumbai
34660 Answers
249 Consultations

1.  Due Procedure of Law, via a Civil Court order, must be compulsorily be followed.  There is no short-cut to legal solutions.

2.  Any adverse action from your side might put you for prosecution in a Criminal Court. Be careful of short-cuts.

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

Send them a legal notice for the outstanding amount and also tell them that you are defaulter in the rent payment so eviction process will be started file eviction suit against all of them to event from the property along with the claim of outstanding rent in case the notice is not replied by the shopkeepers within one month from the date of notice.

Please be aware that while filing the eviction suit you have to to give the court fees on the outstanding rent claimed and and the value of the property.

Vimlesh Prasad Mishra
Advocate, Lucknow
6851 Answers
23 Consultations

Hello, 

You will have to follow the process of the law. If the matter however takes long then you may approach the HC for getting the case expedited 

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

You will have to file a suit for the same in the civil court 

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

Issue notice seeking eviction, arrears of rent and damages.

 

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

- After the demise of your great grandfather , you shoud issue a notice to all the tenants to consider you as owner /landlord of the shops , and further to tender the rent to you.

- Since, tenants shops to pay the rent , there is no way to recover the dues rent ,except to filing case before the Court.

- You will have to file a suit against them for the increase of rent and to pay the arrears of rent of 3 years.

- You can also file a suit for eviction on the ground of non payment of rent .

- Before filing a case , you should issue a legal notice to them for the same.

- It will not take much time to get order of payment of arrears of rent .

- If, they will not pay the arrears as per the order of court, Court will pass eviction order agaisnt them.

 

Good luck and dont forget to rating Positively.

Mohammed Shahzad
Advocate, Delhi
15840 Answers
243 Consultations

See if the rent is not paid for 3 years continuously you can serve a legal notice for eviction to them in case they fail to evict or increase lease rent then in that condition you have to file suit of eviction before the laxamangarh court. 

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

See there is no process to evict them in days it takes time as prescribed in law.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

If your tenant is not paying rent regularly and stop paying same you should issue legal notice to evacuate the rented premises and also demand the pending rent. Later if he didn't comply the notice you have to sue him in competent court.

Mohammed Mujeeb
Advocate, Hyderabad
19373 Answers
32 Consultations

You can renew the rent agreement is legal representative of your grandfather.

You can also file eviction suit against the tenants of shops in case they are not paying the rent from last three years. 

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

You can file a petition seeking to fix fair rent.

You may first issue a legal notice to the shopkeeper/tenants raising the rent and demand the same, since you have not made the demand earlier so far, you may not be able to claim the same retrospectively.

On whose name is the property now.

The property owner only can take any legal action on this.

Discuss with your advocate and proceed.

 

T Kalaiselvan
Advocate, Vellore
90179 Answers
2506 Consultations

If you have opted legal process then ther is no short cut method, you may have to endure the long process which is inevitable.

T Kalaiselvan
Advocate, Vellore
90179 Answers
2506 Consultations

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