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.
Pagdi tenant sublet shop
What is the proof to show to court my tenant has sublet the shop
Asked 4 years ago in Property Law
Religion: Hindu
16 Answers
Pagdi tenant of more than 30 years old trying to give his shop on sublet without permission of landlord How to prevent that.when asked him he says he is my new partner/employee..In this case what landlord should do?
Asked 4 years ago
landlord should collect evidence like license or agreement between tenant and sublet tenant.
1) if property is on possession of third party who is not family member presumption can be drawn that premises are sublet
2) photos of sub tenant running business , having licence to carry on business would help you in making out a case
If premises were given to individual he cannot convert tenancy into partnership firm without land lord consent t
- Supreme Court has held that a tenant can be evicted if he or she sublets the premises to another person without the consent of the landlord.
- Since, your old tenant is trying to sublet thes shop without your consent , hence due to breach of contract , you have right to take possession of the said shop after evicting the said tenant as per law.
- Even without your permission and consent , the said tenant cannot engage partner of the business and use the said shop address.
- You should issue legal notice to the tenant and warned him for subletting and further directs him to handover the possession of the shop within a period of 14 days of receivig of the notice.
- If, no response , then you can file a petition for eviction on the above grounds.
Can he change the name of the shop i mean can he run the same shop with different trade name
Asked 4 years ago
yes he can change.
He can't change the name. You can prove the same through photographs or witnesses etc.
tenant can change name of shop
If the sub tenant has applied or have shop certificate on his name and the bank current account on his name than you can be able to prove in the court sub tenant ship has been raised.
If tenant says that the new person in the shop is his partner or employee then request him to give you a copy of the partnership deed
A tenant when given a premises for commercial purpose can have a partnership business with someone from the shop premises and that would not amount to subletting
Similarly a tenant can also have employees for day to day operations of his business
A tenant can also change businesses since the premises are let to him on commercial user basis which permits him to do any business without consent of landlord
Only If there is a specific stipulation in the rent agreement that tenant must carry out a particular business, then tenant cannot change business without landlord permission
Since in your case the tenant is a old tenant of 30 years, I doubt there is even any rent agreement in place
Positive proof of subletting is to be given by landlord at the time of evidence in his eviction suit against tenant
When he files a suit, he only has to plead that tenant has illegally sublet the premises
The landlord can take witnesses affidavits stating that tenant has subletted. For eg. affidavit of neighbours or other building employees, if they are willing to give information to landlord
I suggest that if you suspect that tenant has sublet the premises then instead of fighting over it, you settle with him by taking a certain share from the rental income which the tenant earns by subletting your premises
1. A Tenant CANNOT further sub-let the Pagdi system property without the express written permission of the Landlord.
2. Collect evidences (photos, notices, .... ) and file eviction proceedings in the local civil court.
ALSO:
3. You can file a Police FIR, requesting investigation and charge-sheet, for offences like cheating, intimidation, fraud, breach of trust etc.... against the new & old person, supported with all relevant supporting documents.
4. IF the Police does not take action, THEN you can file private criminal case u/s 156(3) Cr.P.C., in the local Magistrates court, seeking directions to the Police to investigate and file charge sheet. The said Person may come down for settlement.
You must be issuing rent receipt to him. change in name and hire employee shall be prove by conduct of parties. He have to prove regular payment of salary which is not possible.
His presence is must in shop, after subletting, he may not continue in the shop. Request court to grant stay against any third party interest in any way.
All these facts may prove subletting.
Dear sir,
You can lead oral evidence of neighbors and also file affidavits of customers etc to establish that it was sub-let.
You can take the photographs of the sublet tenant and his business activities, you can produce the original agreement with tenant before the court along with the said evidences to prove what you want to establish before court.
You can ask him to produce the partnership agreement before court if he is claiming that and also you can mention tht the premises was let out for sole business alone and not for a partnership business.
He cannot do so without obtaining your permission, this itself will prove that he has sublet the premises to some third person.