Tenant not paying rent and not vacating rental premises
I have given my industrial property in Noida on rent about three years back. On my behalf he got the rent agreement prepared for eleven months but he had shown the rent about 1/3 of the rent agreed upon, giving reasons that he would have problems in income tax and sale tax if full rent is shown in the agreement. He had taken the agreement on the pretext of getting it stamped by the notary and never returned it back, when ever asked for the agreement he always gave me some excuse or other but the agreement was not given back to me. That time I have not taken it that seriously. For eleven months he paid me the agreed amount in cash. After eleven months we decided to increase the rent though he had not renewed the agreement in spite of repeated requests. Yet he paid the agreed rent in cash for the eleven months. After eleven months, I again asked him for the increase in rent which he declined telling me that he will vacate the premises in a month or two. And kept on paying me the rent in cash he was paying earlier. For the next four - five months he has not vacated the premises. When I insisted for the rent increase as he has not vacated the premises he stopped paying me the rent. Now for the last six months he is neither paying me the rent nor vacating the premises. Further now he has also filed a case under section INJUCTION for prohibiting me to get the premises vacated. He also told the court that he had paid the rent till date which he had not and the rent declared in the court is as per agreement entered three years back and which is about 1/3rd of the actual rent Now my questions are (1) Is the agreement still valid when the period of agreement is over? Whether the rent shown in the agreement and other terms & conditions valid or binding? (2)Can I claim the agreed rent with annual increase and which is at par with the market rate? (3) On what basis can the court entertain his claim and prohibit me for getting the premises vacated? (4) If the court goes in his favour, to what extend can it go . Can it order me not to get the premises vacated for life or give the time period and if it gives the time period, what is the maximum period can it give. If possible please send me the link to the judgements involving the above points
Asked 3 months ago in Property Law from Noida, Uttar Pradesh
1) once period of agreement comes to an end agreement is not valid . in oyur case leave and licence agreement was only for 11 months and has not been renewed .
2) once agreement comes to an end fresh agreement has to be entered into between the parties . since agreement is not renewed tenant would be a trespasser
3) you are at liberty to file suit for eviction to direct tenant to vacate the premises
4) court would only direct you to follow due process of law for eviction of licensee
1. Even after expiry if rent agreement the tenant does not become trespasser even if the same is not renewed further and the status f the tenant becomes as statutory tenant enjoying statutory rights as enshrined the Rent Act.
2. Unless the tenant agrees you can go for increase of rent without the order of Rent Controller/Court.
3.Vacating of tenant depends on bona fide requirement of the landlord for the same tenanted premises. So if you could not establish your case for requirement of the place the suit fails.
4.You can seek increase of rent but can not seek eviction unless you prove your bona fide requirement.
1. You have to file a petition for his eviction and also to recover the arrears of rent with interest. The annual increase will apply with full vigour even if he has injunction in his favour.
2. Even if injunction is ordered in his favour it would only mean that he cannot be evicted without following the due course of law, but it does not preclude you from filing a petition for his eviction.
1. The agreement which has not been renewed till this date is not legally valid.
Since the agreement has become infructuous, the conditions in the agreement stands revoked.
You can issue a legal notice to him to pay the arrears of rent and also instruct him to vacate after paying all the arrears of rent till this date.
After this you can file an eviction suit if he has not responded or is complying with the demands made.
2. The rental amount shall be based on the agreement already signed with him, anything beyond that shall be invalid. and illegal.
3. Dont be under the impression that court will entertain his claim, you have to fight out your case on the basis of merits in your side.
4. Your this question i absurd. Even before filing a case you should not think about the negative side or should not have a negative aproach.
You fight your case, if the lower court is not favoring you, then you may aproach the appellate courts.
Any judgment at this stage will not fetch you any benefit until you file a case and fight it out properly.