I am doing business in a industrial property for last 30 years. few
months back my landlord disconnected the electricity to force me out
of the property. I have paid full rent and electricity charges prior
to it. I have stopped paying him rent for the property and asking him
to restore electricity. He refused and threaten me that he will throw
me out soon. what should i do. our rent agreement expires 20 years
back but neither i nor landlord make any objection and he was taking
rent regularly. By not having valid rent agreement how can i defend
Asked 10 months ago in Property Law from NEW DELHI, Delhi
1) you should not stop paying rent
2) if landlord has disconnected your electricity file police complaint against landlord
3) electricity is an essential service and cannot be disconnected by landlord
4) even if your agreement has expired and yiu continue to remain in possession and have paid rentals landlord cannot evict you without following dur process of law
5) landlord has to file suit for eviction against you
If the rent agreement has not been renewed then you can claim to be a tenant only on the basis of an implied renewal of agreement evidenced by his accepting the rent from you. The remedy thus is to file a lawsuit for injunction against the landlord seeking directions to him to restore the electricity connection.
File an injunction suit against the owner from illegal and forceful eviction from the Shop/ property and file interim petition for restore the electricity. As per your words after the expiry of the agreement the owner accept the rent means he has given permission .Take a contention that you occupied the building from ...... and still continuing the business and paying the rent last month also and came to know that landlord is trying to forcefully evict you from the leased property.
Hi, landlord has no authority to cut the basic amenities of the tenant, if he want to vacate the premises he has to file a separate suit.
2. File a suit in the court for restore the electricity in your premises.
A. In the absence of the Renewal Rent Agreement or Registered Rent Agreement that it can be presumed that the terms and conditions of the old rent agreement had been followed by the both parties and and now also following the same by clinching received the rent from the tenant.
B. No owner has right to stop the electricity during the existence of tenant's possession notwithstanding terms of the rent agreement is completed. Therefore, you can issue a legal notice to provide the sufficient electricity to the premises without vacate the premises. Moreover, it is not easy to evict you due to absence of rent agreement because of if the owner would like to approach the court for eviction/recovery of possession that the lease agreement must be submitted before the court of law and vice versa. Therefore, it is highly recommends that settle the matter by calling a meeting with the land owner.
You have done a mistake to not to renew the rental agreement or lease agreement.
Well, that does not means that the landlord shall disconnect the electricity supply.
It would be considered as an illegal act. File an injunction sit against the landlord seeking him to restrain from forcibly evicting you other than by due process f law. You may also file an application seeking to grant you the relief of restoration of electricity connection.
You have to defend yourself by producing the long stay in the same property as a tenant.