• 2 businesses under one roof

I run the business in rented property from 2014 - beauty salon & foot care clinic. In 2018 I allowed my sister to move in the property with her business - hairdresser. I started to have concerns about this "cooperation" a while ago. Now the problem is escalating. We are both on the rent agreement. In short: How can I make her to move out?
Asked 4 years ago in Property Law
Religion: Christian

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11 Answers

There is an agreement of joint tenancy with sister and brother on one hand and landlord.  Is only the landlord who can push out an undesirable tenant, not the joint tenant.  

Ravi Shinde
Advocate, Hyderabad
5134 Answers
42 Consultations

any person has right to be not vidoegraphed. She can refuse to have a camera. 

Ravi Shinde
Advocate, Hyderabad
5134 Answers
42 Consultations

Ask the landlord to take action against your sister 

 

if not possible you can shift to alternative accommodation 

 

 

Ajay Sethi
Advocate, Mumbai
99867 Answers
8149 Consultations

 

Ask the landlord to insist installation of CCTV cameras for security purposes 

Ajay Sethi
Advocate, Mumbai
99867 Answers
8149 Consultations

If the rental agreement is on your name and there's no agreement between you and her to conduct her business in the same place or sharing  of the rental premises, you may have to issue a legal notice instructing her to vacate the premises for the reasons you rely upon. 

If there's a valid agreement between you both,  then you have to ensure that she breached the conditions of agreement in order to issue an eviction notice or to initiate suitable action to remove her out of the premises by due process of law. 

T Kalaiselvan
Advocate, Vellore
90068 Answers
2500 Consultations

She can object to taking pictures of her business owing to her privacy. 

In fact you cannot install your CCTV camera in her business premise. 

That may be termed as invasion of her privacy and an offence thereby. 

T Kalaiselvan
Advocate, Vellore
90068 Answers
2500 Consultations

This is actually a case of subletting. If she is legally being inducted by you with permission of landlord then you need to give her eviction notice through landlord. Otherwise ask her to straight away move by paying any outstanding rent or deposit taken by her

Prashant Nayak
Advocate, Mumbai
34581 Answers
249 Consultations

1. At present, you are the co-tenant with her in the same premises owned by the owner of the premises.

 

2. You have equal right with her as co-tenant to stay and do business from the said shop for which you can not legally move her out from the said premises.

Krishna Kishore Ganguly
Advocate, Kolkata
27721 Answers
726 Consultations

1. If you have put the camera, she does not have the right to take law in her hand and remove it without due process of law.

 

2. You can lodge a police complaint to this effect.

Krishna Kishore Ganguly
Advocate, Kolkata
27721 Answers
726 Consultations

- If the said tenanted premises was taken by you from the landlord through rent agreement , then without getting the consent of the landlord you cannot enter into an agreement with you sister .

- However , if you inducted her there with the consent of the landlord , then you can cancel the agreement with her after issuing a legal notice or this notice can be given also by the landlord. 

- Further, you cannot install CCtv for watching her business , however the landlord can instruct her for the same , and on refusal to installation , he can evict her from the tenanted premises. 

Mohammed Shahzad
Advocate, Delhi
15821 Answers
242 Consultations

Dear Client,

It is important to understand if there is any clause provided in the said agreement with regard to the separation of one business from the other.

Secondly, if in such agreement it has been mentioned about such installation of an object for a common purpose and both the respective business owners have agreed and signed to it, and hence, if such removal without consent has been done violating the clauses of the agreement, then such practice shall be considered as a "breach of contract".

Thank you.

Anik Miu
Advocate, Bangalore
11022 Answers
125 Consultations

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