In my house property at Kolkata I have a small shop space let out to a tenant since more than fifty years. The rent receipt is still in the name of original tenant’s individual name though he is dead now and the shop is run by his son/sons who have also become quite elderly. In the month of August they paid us rent upto November telling that they may go to their native place for some time which they did not do at that time. Instead some days after they gave me an offer to let them transfer the tenancy to another third person for a lumpsome consideration or salami. I did not instantly agree and wanted to make a bargain. While the bargain was going on they have suddenly left the city for their native place keeping the shop under tight lock and key with a placard pasted thereon that the shop would remain closed for some time as they are going to their native place. They did not inform me or met me before going. I am getting anxious because I am getting their mobile phone switched off and also hearing a rumour from the surrounding shop owners that my tenant might have clandestinely transferred the shop to a third person dodging past me. My question is – 1. Can I take any legal action at this stage to prevent clandestine transfer of possession of the shop by my tenant or should I wait/watch upto end of November since rent has been paid upto November. 2. Can I put an additional lock on the shop to protect my landlordship. 3. Once the possession of the shop is transferred , even if in a clandestine manner, how can I recover my share of salami since there is no written document and if the new person carry on the business on the old rent receipt and does not bother for a change of name of the tenant.
1. In case tenant illegally hand over possession to other person the new person can be evicted from the premises. Wait for some time.
2. At this stage you should not put any lock.
3.see you can evict the new tenant and can recover the possession of shop as sub leasing is not allowed.
1. You can do either of them
2. Yes. It should not affect his legal rights
3. You can file suit
Your consent is necessary to transfer tenancy in favour of third party
2) wait till end of November as rent paid till said month
3) no need to put additional lock on the shop
4) if third party is given possession you have to file suit for eviction against unauthorised occupant
1. Transfer of tenancy to another person by the tenant without the written consent of landlord is unauthorised sub letting and the same is good ground for eviction.
2. Since the physical possession is not handed over to you, putting a new lock on the premises would be illegal from your part.
3. So your option is to file a suit for eviction of the sub tenant wherein if he can not prove his tenancy under you the court would pass a decree of eviction against him.
Without your permission this app cannot be transferred you are open to go for the legal action against your tenants to get them evicted from the property although they are not in default of the payment as your rent so you have very limited option only on the ground of transfer the property .
you can go for the eviction you have to send a legal notice to them in this regard before you file your eviction suit at this point of time they are your estimated and they have paid the rent this off even if it is closed you have no authority to take possession of the property.
The only way out is the eviction suit that you have to file in the court as the transfer of the property even in case of Salami and is liable to be challenged until and unless you accept the transfer of the property
Issue 7 days noitce for recovery of possession to their address and than along with 2 3 neighbors, break the lock and if any article is lying, sealed them and store at some place. Video graph whole seen and prepare list of article and sign by two witness.
Put your lock.
Or without fail, take possession in same manner to avoid any encumbrance. Recovery of possession will take time and cost.
- As per the Supreme Court , A tenant can be evicted if he or she sublets the premises to another persons without the permission/consent of the Landlord.
1. You should wait upto Novermber , and if the said tenant not come back , then take legal action for his eviction from the shop.
2. No, putting an additional lock will not solve your problem
- After wating a sufficeint time , you should issue a notice to the said tenant for handing over the possession to you , and accordingly inform him that in the event of not respond , you will have right to put your lock on the same .
- Further you should lodge your complaint to the local police as well , after narrating that the tenant malafidely not paying the rent and not handing over the possession to you.
3. If, the possession of the shop is given to any third person without your permission , then you should issue a legal notice to him as well and thereby inform him that being Lrs of the shop , you have right to take possession from him and to file criminal case agaisnt him.
- If , no response in your favour , then on the ground of legal notices issued by you , you should file an Eviction petition . Court will pass eviction order accordingly.
Good luck and dont forget to rating Positively.
Yes you can take legal action against the transfer of tenancy without your consent.
Yes you can take possession over the shop by putting your lock as they are not giving rent from last one year then you can take rightful possession over the property without their consent.
You can file a suit for eviction of tenant on ground of unpaid rent and shut down of business by tenants without any information.
After November only you can take any legal action against tenant. You can send him a legal notice demanding the possession of your said property along with the rent and if he denies then you can break open the lock after filing a complaint in the nearest police station. Also, you can file civil recovery suit against him in the jurisdictional civil court.
Any subletting by a tenant has to done by a written consent given by the landlord, who has let-out the premises to the tenant. In case there is no written consent to the tenant by the landlord to sublet, any subletting done by the tenant is illegal and in such an eventuality the tenant should be liable for eviction from the premises.
