You need to counter her all grounds in eviction suit. You need to pay her the agreed rent as default of rent can be a great concern to you and can be against you in suit.
Landlord replied to letters/ gave notice after quite a while (Pagdi Shop)
Finally, the landlord has replied to our letters where we had sent rent in arrears to the landlord stating that the loft has been removed in 2013 and the landlord were charging excessive rent till 2016. The landlord is arguing that the loft was removed in 2016 but this is not the case. Initial business was something else what we were carrying out, but n 2017 we changed to vegetable trade. The landlord argued in this change of business as well, stating that no other business can be carried out at this unit. She clicked pictures and had sent BMC officials to the shop as well. We have been sending letter and pay orders on multiple occasion but never got any firm reply neither the landlord accepted the rent. She has been saying that she only collects assessment tax as rent from us which is just 1X, but she wants 3X from us. She has harassed a lot to my dad. Now the issue is because of covid and before covid as well no activity were being carried out and the landlord had sent us a letter to clear out the rent and reply back within 30 days or else they will start the eviction process all at our cost. We tried to sell the shop as well but she dint accepted any buyer and her intention is to have the shop and create no tenancy out of it. As many as 5 or 6 buyers she may have rejected, and all had genuine business plans to conduct in this premises. She will accept the tenant on her terms and conditions, she will accept a written rule from the incoming tenant that only these businesses are allowed with some other conditions. She conveys in the letter that the change of business was also illegal which we started in 2017. She has not collected the rent from August 2016. I need advice how to deal with this matter and how to save the shop from eviction and is a sale possible in these circumstances? Even if we pay rent to her demands to be just out of this scenario, will the process of eviction be a matter of concern? Because in the letter she state’s and she had said several times that no other business can be carried away. In short, she is harassing us to leave the property is as in basis with way too little amount.
Asked 5 years ago in Property Law
Religion: Muslim
21 Answers
She cannot evict you as you are following the law. The change of a business can be an issue if stated specifically thatvno other business can be done. But i don't think this is so in your condition. Therefore she cannot evict you on these grounds.
She cannot compel you to leave without the consent of the rent controller.
File an application with the rent controller thatvhe is harassing you. Give the rent.
You may send rent of shops by money order to your landlord and file suit for injunction and declaration of title under Maharashtra Rent Act 1999 to protect your property from landlord .
1) pay the rent with arrears
2) reply to legal notice
3)contact a local lawyer
4) in event eviction suit is filed contest it
5) it would take more than 10 years for suit to be disposed of
Don't get scared of her threats.
She cannot evict you so easily.
If she has issued any eviction notice, you can issue a reply notice denying her allegations suitably.
If she's not accepting the rent, you may deposit the rent in the rent controller court.
You can properly challenge her case in court of law.
Why did you send rent in arrears?
Even if the landlord does not accept the rent, the tenant has to show his willingness to pay the rent regularly
Paying the rent in arrears shows that you were irregular in tendering rent
If there is a higher demand for rent due to the loft issue and when it was installed or removed then the proper course for you was to apply for standard rent application in the Small Causes Court
This application would also decide whether the landlord was collecting the assessment tax with the rent as per law
As regards the business, if there is no restriction contained in the tenancy contract for the kind of business that can be carried on from the premises, then as long as the premises are used for commercial premises, no separate permission is needed for change of business from the landlord.
If you think that the rent which she is demanding is on the higher side, you can always pay that rent 'under protest' and without prejudice to your rights of having the rent determined by the Court in a standard rent application to be filed by you.
Dear Sir/Madam,
It is suggested that you reply the notice strongly through lawyer and then file the suit against her for protection from eviction.
You can pay rent in the court as per the rent controller act. You can defeat yourself by this way and get business proposal as per the owner.
Send her legal notice to provide her account no. So rent can directly deposit in her account and you are liable to pay only 1k.
Change of business has no repercussion because shop took rent for commercial purpose and not for particular business.
Sending notice to demand account no. will absolve you from default in paying rent. It will evident that LL only is not receiving rent. Eviction case will take long time and may dismissed.
Dont vacate and keep using it.
- You can file suit for Permanent Injunction against her for restraining her to evict you from the said tenanted premises.
- Further for selling her consent is mandatory. You should reply the said notice.
- Further , in the absence of any agreement , you can do any type of business there.
The letter also states that after non-payment of the rent till date, the tenancy would be terminated, we as tenant should quit, vacant and handover the shop in a peaceful manner and if its not done till date and if any business is carried out which will be unlawful and we shall be liable to pay mense profit to meintim for such wrongful occupaton, at the current market rate from the date of termination of our tenancy as aforesaid. Secondly, by applying for standard rent application in the small causes court, how much time it would take for this process to be competed?
Asked 5 years ago
Please reply the notice and deny the allegations. You show your promptness to pay rent as per Maharashtra Rent Act 1999.
Application for standard rent may take for disposals of the same from approximately six month to twenty four months before Small causes Court to get these process to be completed.
- Reply the said notice received by you , after payment of the rent as usual .
Pay the arrears of rent
2) landlord would not have exercise to file eviction suit
3) process in small causes court may take time
You were advised to issue a suitable reply notice denying all her allegations and demand the bank account from her time deposit the rent directly.
If she di not comply or respond you can approach rent controller court seeking permission to deposit rent before court.
She has no rights to claim share in the mense profit, it's your business hence you can warn her for the extortion offence for this demand.
It may take time as it's covid. But still the proceedings may not take much time otherwise.
If you are trying to pay rent regularly then it will not be easy for landlord to evict you from property on pretext of change of business.
Selling of shop will not be possible without consent of landlord.
It depends upon the notice received by you for eviction as well as the landlord's wish. I would have to read the notice before I can comment upon the same.
It may take quite a while. She cannot compel you to do what she says.
Even if the landlord terminates tenancy by a legal notice, the tenancy is protected statutorily
The landlord has to file an eviction suit
No body can predict how long the standard rent application will take to be finally decided
Avoide their letter and continue tenancy. You are liable to pay rent on same rate. Let them approch court. No harm to your tenancy.
Court takes time and maximum court may revise rent which will not be much.
Dear Sir/Madam,
It is suggested that you reply the notice strongly in all the respects. The approximate time line for decision of rent case will of 02 years or so.