• Can a landlord ask to vacate premise / increase exorbitant rent in between the agreement term

I have rented out a commercial place to use as office and I have a 22 months registered Leave and license agreement with owner including 7% increase after 11th month .

Currently 10th month going on and owner communicated me (through Broker) that either I need to pay 60% higher rent or need to vacate premise. What are the legal remedy I have to fight for my right ?

I have following terms include in my agreement for cancellation :

"10) Cancellation: That, Subject to the condition of lock in period (if any), if the Licensee commits
default in regular and punctual payments of monthly compensation as herein before mentioned or
commit/s breach of any of the terms, covenants and conditions of this agreement or if any
legislation prohibiting the Leave and License is imposed, the Licensor shall be entitled to revoke
and / or cancel the License hereby granted, by giving notice in writing of one month and the
Licensee too will have the right to vacate the said premises by giving a notice in writing of one
month to the Licensor as mentioned earlier."

( I have paid rent on time for all previous months. never breached any of the terms. It seems more like malpractice of broker to fill his pocket by getting new tenant for owner and charging brokerage from new tenant. I know that now a days rent increased in locality but not more than 20-25%. He is asking for 60% hike )
Asked 10 months ago in Property Law
Religion: Other

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11 Answers

He can’t increase it within the agreement but after expiry he can increase in renewal 

Prashant Nayak
Advocate, Mumbai
31807 Answers
176 Consultations

4.1 on 5.0

Refuse to vacate as you have not violated any terms of agreement 

 

continue to pay rentals on time 

 

let licensor file suit for eviction 

Ajay Sethi
Advocate, Mumbai
94523 Answers
7485 Consultations

5.0 on 5.0

Demand of land lord is illegal. Being tenant, you have every right to enjoy the tenanted premises. There is no reason for the increase. Since there is a registered lease hence parties are bound by terms of lease. Tenancy is not affected by any fluctuation in rent in the market. Demand of hike by landlord is illegal. Your tenancy is intact for 22 moths in terms of lease, however, details are required to be examined. Donot agree for any increase in rent as your right is intact. Landlord cannot evict you. Rest can be suggested after examining agreements etc in detail. 

Siddharth Srivastava
Advocate, Delhi
1233 Answers

5.0 on 5.0

File is not getting opened. Owner cannot create trouble as you are within your right and lease period is there. Owner is trying to ascertain your mood by sending message through broker. Nevertheless if owner cause trouble then report the matter to police and file suit for permanent and mandatory injunction against the owner. You are also entitled to claim damages etc. if any loss is caused to you by any act or misdeed of owner. 

Siddharth Srivastava
Advocate, Delhi
1233 Answers

5.0 on 5.0

Dear client I am sorry to hear that but in this case since the agreement totally mentioned about the 7th% of increment after 11 month therefore it is binding and in this case you can go ahead and file a complaint against your land lord more over you can also move ahead and file the breach of a contract against your land lord and serve a notice for the same

Anik Miu
Advocate, Bangalore
8742 Answers
109 Consultations

4.7 on 5.0

Mere delay of one day is not going to be fatal 

Ajay Sethi
Advocate, Mumbai
94523 Answers
7485 Consultations

5.0 on 5.0

That will not make any difference unless due to the delay there is clause of cancellation. But in any circumstances rent can’t be increased in between without consent of both parties 

Prashant Nayak
Advocate, Mumbai
31807 Answers
176 Consultations

4.1 on 5.0

A leave and license agreement is a legal document that binds the licensor in terms of the security amount, rent amount, stay duration, and other payables for the use of the property. These points cannot be changed once the agreement is signed by both parties.

Licensor can able to retain its right to terminate the agreement binding upon the licensee and the licensor, by issuing him a notice for the same default.

The License can be renewed with a fresh agreement that must be signed at least 2 months prior to the Expiration of the said License for renewal. The standard escalation during renewal will be 5%. 

A Leave and License Agreement is notorious for being convenient to the landlord against the advantages it offers to the tenant. However, equipped with the right content of clauses, both can turn the tide to each other’s convenience. 

However this will not entitle the landlord to demand exorbitant rent that too in the middle of the agreement more than the amount agreed in the agreement.

You can refuse to pay the hiked amount and refuse to vacate the premises till the expiration of the agreement period.

Let him approach court which can be challenged properly.

 

T Kalaiselvan
Advocate, Vellore
84722 Answers
2172 Consultations

5.0 on 5.0

The delay of one day towards the monthly rental payment is not a big issue and he cannot claim that as a reason to evict you.

From the agreement  it can be seen that the landlord has no reason to hike the rental payment as per his whims, you can challenge the same in case he is filing an eviction petition before court

T Kalaiselvan
Advocate, Vellore
84722 Answers
2172 Consultations

5.0 on 5.0

Please lodge a Complaint in police  station against broker and owner for criminal breach of trust. Secondly, file a suit for permanent injunction restraining them from dispossing you illegally till agreement expires and obtain stay. 

Dalip Singh
Advocate, New Delhi
1083 Answers
36 Consultations

5.0 on 5.0

- As per law, both the parties of the agreement is bound by the terms and conditions mentioned therein 

- Hence, if that agreement having clause for the increment of 7% rent after 11 months , then the landlord cannot ask for higher rent and also cannot eviet the tenant on this ground. 

- You can refuse to pay the same legally , and can also get stay order from the court as well. 

Mohammed Shahzad
Advocate, Delhi
13105 Answers
195 Consultations

5.0 on 5.0

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