• Forceful occupation of property in violation of lease deed

I am an 80 year old senior citizen widow who owns a residential property in Dwarka, New Delhi. I gave the property for rent to a tenant via a registered lease to run a paying guest house. The tenant paid half a month’s rent for a few months and then stopped paying. Further, in violation of the lease agreement, the tenant sold majority business interest in his business to another party.

The lease specified that the tenant had to seek our written consent before selling his business at the property. He failed to do so. 

Now the other party has seized the premises and are running an unlicensed hotel operation in a residential area. Further when we asked them to vacate they threatened my daughter and my physical security. 

Also structural changes have been made in the building without our permission, which is again in violation of the lease Deed.

Despite prohibition included in the lease deed the tenant violated the deed by indulging into the following activities -

1. Stopped paying rent,

2. Carried out structural changes on the property, and

3. Sold business interests in his business to a third party (subleased) by way of a lease deed. This means that now the building is occupied by the third party 

The local Police is aware of the illegal activities in the premises and entire case beginning with the "lease deed" signed by me and the second party in August 2021, and has agreed to help us to get the building vacated. Police also understand that there's a role of civil court because of the lease deed signed by me and the second party. 


The action plan from police includes getting possession back of the property and getting a statement signed by the second party which will deter him from claiming any future rights in the property based on lease deed signed last year. What are the legal aspects that the police should cover while taking a statement from my tenant before getting us the possession of our building, which keep us protected from further anticipated legal action by our tenant? In other words, what should be the content of the statement (what all should be included) signed by the tenant/second party?

Apart from getting a statement signed by the tenant, can I also terminate the lease deed with immediate affect based on above violations, to safeguard my rights as a landlord by sending him a notice through Registered post?
Asked 2 years ago in Criminal Law
Religion: Hindu

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7 Answers

Yes you can if your terms permit. 

Prashant Nayak
Advocate, Mumbai
32146 Answers
183 Consultations

4.1 on 5.0

Hi,the subletting of lease is already null and void ,..If the police has assured you ,that they can vacate the premises,then it is advisable not to send any legal notice to the tenant as he can move to civil court and may take a stay order under such circumstances police will not be able to help you ..Let the police officials do their work and take possession of your premises first

Hemant Chaudhary
Advocate, Gurgaon
4630 Answers
67 Consultations

4.9 on 5.0

The tenant has grossly violated the conditions of tenant besides the tenancy agreement has expired.

The police has very limited role to play in this.

Even if the police are willing to help you on humanitarian consideration since this is a civil matter hence if the opposite party approaches court with an injunction suit against you then the police will vanish from the scene. you may have to fight it all alone.

Therefore it would be better that you file an eviction suit to evict the tenant for the said reasons, which are all is in your favor. 

Dependency on police action may or may not fetch you the desired relief

T Kalaiselvan
Advocate, Vellore
85343 Answers
2227 Consultations

5.0 on 5.0

Dear Client,

Under Section 17 of the Registration Act, an arrangement between a tenant and a landlord that involves occupancy of the latter’s premises for a one-year period must be registered in the Sub-Registrar’s Office. Registering a rent agreement is optional in case it’s made for a period of less than 12 months.

If you are an owner, you can prevent your tenant from prolonging his stay in your property by including a clause in the rent agreement on increasing the rent to four or five times the existing rent, if he does not leave when the contract ends. This would put a check on such tenants who play foul. However, if the tenant does not vacate the property even after the notice, you can move court. The court can favour a landlord if it finds out that the tenant was involved in any wrongdoing or the owner needed the property for his personal use. You can also seek police help to throw out the tenant.

 

Thank You.

Anik Miu
Advocate, Bangalore
9153 Answers
111 Consultations

4.7 on 5.0

He should admit that he is running a illegal guest house without licence 

 

that he has without your consent taken premises on sub lease from original lessee 

 

3) that no rentals have been paid by him and he has threatened you and your daughter with dire consequences 

 

4) you can terminate the lease deed on account of breach of terms of lease 

Ajay Sethi
Advocate, Mumbai
95146 Answers
7597 Consultations

5.0 on 5.0

- As per law, the said tenant is under obligation to pay the rent regularly , otherwise you have right to vacate him from the tenanted premises. 

- Further, the said tenant has not right to give others rights to occupy the tenanted premises to anyone without taking your consent for the same , and also cannot refuse to comply the terms and conditions mentioned in the lease deed.

- You can terminate the tenancy after sending a legal notice , and ask for the payment of arrears of rent and to vacate the premises. 

- If no response, then file an eviction petition before the court for evicting the said tenant and to seek the rent

- Further, as the said sub-tenant having no right to continue in the  premises, then you can lodge a complaint against him for the offence of trespassing. 

- However, a police having no right to evict the tenant without getting order from the court of law.

Mohammed Shahzad
Advocate, Delhi
13486 Answers
200 Consultations

5.0 on 5.0

Dear ma'am,  Yes, you should immediately terminate the lease on the ground mentioned above, Apart from that, there are chances that there must be an arbitration clause in your deed. You should immediately start the arbitration process and get an appointment of the arbitrator under section 11 and also seek interim measures under section 9 of the act, 1996. 

1.  Immediately terminate the lease and make it an illegal possession. 

2. send a legal notice for invoking arbitration clause. 

3. File a petition under section 9 for interim measures and claim the unpaid rent as well as damages and their eviction. 

4. file a petition under section 11 of the act and initiate the arbitration process. 

5. Other remedy can be under senior citizen act, 2007 but is a long process so try to avoid that.

In case you require my assistance in the matter, i can be contacted through my google profile.
Link of the same is attached for your reference as:

https://g.co/kgs/ZMWUyY

Your kind review will be appreciated.

Yuganshu Sharma
Advocate, Delhi
433 Answers
1 Consultation

5.0 on 5.0

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