We have rented a commercial office space in Okhla Industrial Area, Phase 1 on the second floor of the building whose lease agreement came into being on 1st September 2013. We signed the lease agreement for 9 years, with a 2 year lock in period (implying that neither can we be evicted and nor can the landlord evict us in that period) At the time that we rented the premises, it was completely bare shell. We told the manager of the building (since the owner was never in town, he placed a manager in the building to manage affairs on his behalf) that we would need to do alot of construction to make the space fit for commercial use. He consented. We got the bathrooms made, the kitchen made, the partitions made, the floor re-cemented, electrical wiring, painting etc. So in essence we have rebuilt the entire space. We invested 30 Lacs in it.
Since our sector is IT, we have many computers in our office and one server. Since the office premises is at 2nd floor there is a lot of open terrace area, which leaves us exposed to heat and rain. Both heat and rain are neither good for the computers nor the server as it is always prone to catching fire or short circuiting. So this year in june, we decided to construct a temporary tensile structure (Tensile structure) to protect us from the same. We have rented out the entire space including the terrace area so we deduced that we were well in our limits to construct this structure.
At this point the manager Mr. Jagat Pal objected and demanded us to stop our construction work as it was "against the clauses of the agreement to make any permanent changes in the building", he said. We told him that it was important and if he thought it was illegal he should produce a document from either MCD or DDA proving the same. He did nothing of this sort and instead resorted to calling the police, who created a big ruckus. All in all, he created a lot of problems.
A month ago he sent us a notice of eviction saying that we need to evict the premises by 30th July. I need to know what we can do to protect ourselves in this situation. Should we file an injunction/get a stay order from the court so that he doesn't create any problem on the 30th? Or should we not do anything and wait to see what happens?
Asked in Property Law from New Delhi, Delhi
1) it is necessary to go through the contents of legal notice to advice .
2) you have to immediatedly contact a local lawyer and reply to legal notice .
3) since as per lease deed you have lock in clause it would be difficult for the lessor to evict you ,.
4)you have to in reply to legal notice mention that no structural alterations have been made . temporary tensile is only to protect against rains and would be dismantled after monsoon .
5) if you refuse to vacate lessor will seek to terminate the lease and will have to take legal proceedings for your eviction .
What are the reasons mentioned in the legal notice for evicting you. You can mention that you have not done anything in violation to the terms and not made any alteration or structural variations and only temporary arrangement has made with his permission as a protection against heat and rain.defend your side and draft it.since lease deed is for 9 years they can't evict you without violation.you can file a caveat in the nearest court .
It is important to know the exact contents of the notice of eviction sent to you to determine if you can be evicted.
You need to reply to the Lawyer notice as early as possible by engaging a lawyer locally . A tensile can not be treated as a permanent change to the structure.
In your reply notice make detailed and clear description of temporary nature of the tensile and undertake to make alternate arrangements if need be.
Since you are within the lock period in the lease this will be in your favour if they move the court attempting to evict you.
The only step that you need to take now is to appropriately reply to the notice
A. Is there any clause regarding structural alteration permissible in Lease Agreement ?
B. Is this lease agreement registered and duly stamped or not ?
C. You send reply notice to the lawyer notice that we have not committed any structural alteration in the premises .
D. In additionally, you have to narrate that we unable to get peaceful enjoyment in your premises and you have the bounden duty to provide good condition premises. Hence, you have failed to do so. Hence, we have taken temporary protection measures against harmful and environmental disorder.
E. If it is not solved, thereafter, You can also approach the court to avoid eviction process.
The lease could come to an end (forfeiture) if there is breach of any vital condition of lease. To answer your query perusal of lease agreement is necessary. Two years lockin period clause will not help you in the above situation.
Advocate, New Delhi
To answer properly, lease deed needs to be examined. Locking period of two years may not be helpful if any condition of the lease is violated.Temporary construction of tensile can not be termed as structural change,addition and alteration.But,you need to reply to the legal notice through a lawyer. He may file eviction suit after termination of lease.
Advocate, New Delhi
1. The lease agreement is required to be perused for further advising,
2. If there is a clause in the said agreement that you can not make any permanent construction at the leased premises and you will be liable to be avicted in case of your breach any clause of the said agreement, then the owner is legally right in filing an eviction suit against you,
3. You shall have to submit evidence now before the Court to prove that you have not violated the clauses of the agreement,
4. Without filing evicion suit he can not get you evicted,
5. Lodge a police complaint against him for trying to forcibly evicting you and file an application under Order 39 Rule 1 & 2 praying for an injunction restraining the owner to evict you.
1. Without perusing the legal notice we cannot advise properly.
2. If the lease deed contains an express clause which prohibits you from carrying out nay structural alteration without the go ahead from the lessor then its breach makes you liable to be evicted. Whether or not there is a breach of the clause has o be decided by the court on the basis of the evidence adduced before it.
3. Reply to the legal notice through your lawyer to build your defence. 2 years lock in period will not come to your rescue.
4. If you apprehend being removed forcibly then move to court and seek injunction.
First of all, we will have to examine the terms and condition of the Legal Notice and accordingly, we will be able give you a proper legal solution.
Further, constructing a tensile can not be termed as structural changes, however we will have to have a bare perusal of the notice and see what all grounds he took for eviction. Furthermore locking period of two years may not be helpful if any condition of the lease is violated.
We suggest you reply the legal notice through a lawyer. Also through a lawyer you can file an application under Order 39 Rule 1 & 2 praying for an injunction restraining the owner to evict you.
Advocate, New Delhi