Old tenant but registerd for last 2 years.
our property has shops .. 4 shop among them is old tenant(approx 40 years) who is giving small amount as a rent.. july 2014 i have registered them and rent is increase... but not much.. now 2 years is completed the agreement which we have done in july 2014. now i want to increase rent upto market value and new registration agreement . but they are refuse .. what i have right against him for increase rent or vacate shop
Asked 8 months ago in Property Law from Banswara, Rajasthan
If the tenant is not agreeable then you have to file suit to determine fair rent.
Eviction of tenant is another tenant for which also you have to file a suit for eviction.
Do note that frequent rise of rent is not the right of the landlord.
1) increase rent gradually
2) 10%increase every 3 years tenant would pay
3) if you increase to market rent they may refuse
4)you can seek them to vacate
5) file eviction suit but it would take years to be disposed of
6) better settle with tenant amicably
The rent can be increased annually or bi-annually in accordance with the rent agreement. You can file a petition for the eviction of your tenant on the ground that you require the premises for your self use wherein the court can increase the rent in tune with the market rate prevalent in the locality.
If the tenant is refusing to pay the increased rent, do not renew the agreement and can intimate that you are terminating the agreement with immediate forthwith since he is not ready to pay the increased rent which has been increased after a lapse of two year.
He may be instructed to vacate and hand over vacant possession in the same legal notice.
If the agreement period is expired then dont renew and ask him to vacate.
SIR .. CAN I FILE SUIT FOR RENT AS PER MARKET RATE WITH NEW AGREEMENT EVEN I DID AGREEMENT BEFORE 2 YEAR AS A RENT EACH SHOP 1500/- PER MONTH...PARTICULAR THAT AGREEMENT EXPIRED ON 30 JULY 2016.NOW I WANT TO AGREEMENT WITH FAIR RENT OR LEASE DEED
Asked 8 months ago
1) on expiry of agreement if tenant is refusing to pay increased rent file suit for eviction
2) on expiry of agreement tenant is a trespasser .
3) before filing suit issue legal notice to tenant to direct him to deliver vacant possession of premises as agreement has expired
You can file a petition for eviction and seek the fixation of the rent in accordance with the market rate when the court makes an assessment.
You can always demand the rent at the increased rate from the date of renewal of the rental agreement.
If the tenant is not agreeing to the increase in the rental payment, you may issue notice to vacate or refuse to renew the agreement mentioning the reason that he is not willing to pay the higher rant of rent as per the terms of renewal of rental agreement.