• Fair rent imposing

Tenant is not agree to enhance old rate of rent of my building in which he is doing business ,My grand father gave him chance to do business there ,in good faith doing no written agreement . The building is in a Municipal Town,area 160 sq,ft ground floor, Tenant doing money order Rs.50.per month which have been refused by me since four years.
Asked 5 years ago in Property Law
Religion: Hindu

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17 Answers

You can issue legal notice to tenant to vacate premises if you require it for personal use 

 

if he refuses file suit for eviction against tenant 

Ajay Sethi
Advocate, Mumbai
99787 Answers
8146 Consultations

File petition in court for revision of rent as per market value. Before that send legal notice to increase as per market value and to execute rent agreement. If notice demand not honored than vacate the building with in 15 days.

If he fails to pay and not vacate, file suit in court for eviction and revision of rent. Or if he challenges the legal notice in court than file cross claim of eviction and revision of rent.

Yogendra Singh Rajawat
Advocate, Jaipur
23082 Answers
31 Consultations

You can seek enhancement of rent or file eviction suit on grounds appropriate for his eviction. 

Prashant Nayak
Advocate, Mumbai
34522 Answers
249 Consultations

From examining all the facts of your query I want to say that-
These cases are very common in various Courts of India and Supreme Court of India. I can understand your problem in this regard. Supreme Court in Mohammad Ahmad v. Atma Ram Chauhan & Ors. has laid down illustrative guidelines which aim to reduce landlord - tenant disputes and to avoid unnecessary litigation arising therefrom. Justice Deepak Varma, speaking for the bench has observed as under;

According to our considered view majority of these cases are filed because landlords do not get reasonable rent akin to market rent, then on one ground or the other litigation is initiated. So before saying omega, we deem it our duty and obligation to fix some guidelines and norms for such type of litigation, so as to minimise landlord-tenant litigation at all levels. These are as follows:-
(i) The tenant must enhance the rent according to the terms of the agreement or at least by ten percent, after every three years and enhanced rent should then be made payable to the landlord. If the rent is too low (in comparison to market rent), having been fixed almost 20 to 25 years back then the present market rate should be worked out either on the basis of valuation report or reliable estimates of building rentals in the surrounding areas, let out on rent recently.
(ii) Apart from the rental, property tax, water tax, maintenance charges, electricity charges for the actual consumption of the tenanted premises and for common area shall be payable by the tenant only so that the landlord gets the actual rent out of which nothing would be deductible. In case there is enhancement in property tax, water tax or maintenance charges, electricity charges then the same shall also be borne by the tenant only.
(iii) The usual maintenance of the premises, except major repairs would be carried out by the tenant only and the same would not be reimbursable by the landlord.
(iv) But if any major repairs are required to be carried out then in that case only after obtaining permission from the landlord in writing, the same shall be carried out and modalities with regard to adjustment of the amount spent thereon, would have to be worked out between the parties.
(v) If present and prevalent market rent assessed and fixed between the parties is paid by the tenant then landlord shall not be entitled to bring any action for his eviction against such a tenant at least for a period of 5 years. Thus for a period of 5 years the tenant shall enjoy immunity from being evicted from the premises.
(vi) The parties shall be at liberty to get the rental fixed by the official valuer or by any other agency, having expertise in the matter.
(vii) The rent so fixed should be just, proper and adequate, keeping in mind, location, type of construction, accessibility with the main road, parking space facilities available therein etc. Care ought to be taken that it does not end up being a bonanza for the landlord.
These are some of the illustrative guidelines and norms but not exhaustive, which can be worked out between landlord and tenant so as to avoid unnecessary litigation in Court.


I have dealt with many such cases in Supreme Court and various High Courts of India. Please understand that all legal action can only be taken once notice has been served upon the entity or individual you wish to take to court. It is only this process that legalises bringing a matter to court. The intimation sent is known as a legal notice. A legal notice is, therefore, a formal communication to a person or an entity, informing the other party of your intention to undertake legal proceedings against them. This notice, when sent, conveys your intention before the legal proceedings and thus, makes the party aware of your grievance. Many times, a legal notice served will bring the other party on heels, and the problem can get resolved out of court too, with fruitful discussions on both sides. And, if the other party is still not heeding to the grievance, one can always start the court proceedings after a particular interval, as stated by the law. Although a legal notice can serve as a purpose of negotiations between the parties and save time, effort and money that are usually spent in court cases.

You may contact my secretary to connect with me for clarification.
I hope you and your family are safe and healthy. Stay home and be safe during Covid-19.

 

Gopal Verma,
Advocate on Record & Amicus Curiae,
Supreme Court of India

Shri Gopal Verma
Advocate, Delhi
422 Answers
22 Consultations

File a police complaint against him for illegally using your property. 

He will come to negotiate 

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

Well, the procedure to fix fair rent in West Bengal is a very cumbersome process and often comes to a naught. 

So it's advisable if you file a suit for eviction on the ground of reasonable requirement.

There are many grounds including running business of your own to plea in such a suit for eviction. 

Devajyoti Barman
Advocate, Kolkata
23655 Answers
537 Consultations

- As per the modification in the West Bengal Premises Tenancy Bill , 1996, new provision is applied for rent i.e a monthly rent of Rs. 3,000 (commercial ) and Rs. 2,000(residential ) in Calcutta and Howrah and Rs. 1,500 and Rs. 1,000 elsewhere in the state.

- Further , under the Transfer of Property Act of 1984. A house owner can reclaim the area rented out after serving a notice on the tenant .

- Further, those occupying rented premises for rover 20 years will have to shell out four times the rent he was paying on the date he took possession and if occupying for more than 10 but less than 20 years will pay double , and further after every three years, the rent will automatically rise 5 per cent ; and further ten  per cent of the rent will have to paid for maintenance .

- Hence as per law, you are having your right to increase the rent as i mentioned above in West Bengal.

- Send a legal notice to the tenant , thereby ask to increase the rent at the rate of rate prevailing in the market presently , and thereby warn the tenant that in case default in payment for the entire period rent , the landlord has right to evict legally. 

 

Good luck and dont forget to rating Positively. 

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

You send him a legal notice intimating him about the enhanced rent to be payable in future.

You may also mention that he should vacate the premise if he fails to adhere to the instructions of payment of enhanced monthly rental amount. 

If he is not responding to the legal notice or fails to comply with the demands made, yo may file an eviction suit agaisnt him in the rent controller court.

 

T Kalaiselvan
Advocate, Vellore
89989 Answers
2493 Consultations

Apply to rent controller for fixing fair rent. 

The rent initially fixed shall be automatically increased by five percent every three years. 

Send a demand notice for payment of rent alongwith arrears as per above calculation.

Kallol Majumdar
Advocate, Kolkata
2837 Answers
14 Consultations

Hello,

Send him a legal notice to enhance the rent in accordance with the provision of law, otherwise you need to evict him.

For thorough discussion you can get in touch with me to proceed further.

Regards

Swarupananda Neogi
Advocate, Kolkata
2993 Answers
6 Consultations

You should file an eviction suit after giving him a notice. Reasons should be your use of the building and shop. 

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

1. File "Eviction Suit" in local Civil Court against Tenant, citing self-usage reason and also for loss of revenue due to rent.

2. Arrange for a registered valuer certificate of market rent rate of your area, to prove your losses.

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

1. File a petition for assessment of fair rent before the rent controller.

2. Rent Controller can increase the rent in accordance with market rent.

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

Dear Sir,

You are suggested to serve a legal notice to the tenant for fresh rent agreement for market rate or rent or to vacate the premises and if not done by him, file the case.  

Ganesh Singh
Advocate, New Delhi
7169 Answers
16 Consultations

You need to issue notice seeking enhancement of rent to the tenant, if he refuses to increase.

You may have to file petition before concerned Rent  Controller Court seeking enhancement of rent.

Other option is, you can file suit for eviction of tenant seeking the premises for bona fide requirement. 

 

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

File standard rent application under rent act sec.12 for increase the rent Where the suit property situated File civil CMA under rent act for increase the rent which is around near your property and gave evidence and increase rent. 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

1. Take possession of vacant area of building and then send a notice of eviction to your tenant in case he doesn't agree for revised rent and execution of rent agreement. 

2. If he refuse to vacate the premises them you can file suit for eviction against your tenant. 

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

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