• Rent agreement

I hv taken a building on rent for 5yrs with 3 months notice since july 2017. Agreement was done before notary.My owner is still partialy occuping some vital space of the area under agreement. He is demanding full rent though giving partial occupancy otherwise asking to leave. But keeping view of long term lease we hv invested more than 30 lakhs. Moving out of building ll be a loss for us.so what should we do to protect our interest
Asked 8 years ago in Business Law

First answer received in 10 minutes.

Lawyers are available now to answer your questions.

15 Answers

1.DO not worry as you can not be asked to vacate the property before the expiry of the 5 years of tenancy.

2. Since you have not got possession of the agreed area for which the rent was fixed you are not bound to tender full rent as well and hence you can accordingly deduct proportionate amount for the full rent.

3.Howeevr before that do send him a written notice seeking delivery of fullarea for tenancy and adjustment of rent till this si done.

This will help you later of the dispute reaches to court.

Devajyoti Barman
Advocate, Kolkata
23653 Answers
537 Consultations

1. Even if owner still occupy the property partially, still do not deduct rent. Continue as per agreement.

2. Issue legal notice to owner to vacate the property completely and provide you access according to the agreement.

3. Since the illegal occupy is criminal offence, you can make a complaint against owner with police.

Niranjan
Advocate, Bangalore
844 Answers
9 Consultations

1) since you have invested more thn Rs 30 lakhs it is not feasible proposition to vacate the premises

2) ask the owner for proportionate reduction in rent as partial space is occupied by landlord

3) you can issue legal notice to landlord to vacate portion of area occupied by him or reduce rentals paid by you

Ajay Sethi
Advocate, Mumbai
99776 Answers
8145 Consultations

Dear Query Raiser,

You may talk to the owner regarding the same. If he does not agree to the same then a notice may be issued for specific performance of the agreement you both have entered into. The clauses of the rent/lease agreement will decide further course of action.

Arun V S
Advocate, Jaipur
64 Answers

1) I need to read your rent agreement and what clauses had been performed under it.

2) After investing huge amounts you should have spent little amount towards rent agreement registration with registered.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

1. Since you do not wish to move out of the building you may file a suit for mandatory injunction against the landlord to seek court's directions to him to deliver to you the possession of the property which he has contracted to deliver but has not delivered.

2. Serve a lawyer's notice initially on the landlord, and if sanity still does not prevail on him then go to court as aforesaid.

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

you can file specific performance case against the landlord under specific relief act. that is the only way.

Arnab Kumar Banerjee
Advocate, Kolkata
112 Answers

Hi,

This problem have the mutual solution only. Taking the case legally may harm you and he may give you notice to evaluate the property as per the agreement.

In case there in any lock in period clause and if you are comfortable with that then you may move a civil petition to force him to perform as per the agreement and pay the losses due to his occupancy of lease space.

Vimlesh Prasad Mishra
Advocate, Lucknow
6851 Answers
23 Consultations

Negotiate or move out, because legal battle will be expensive.

you have to file a complaint before the rent controller and this may prompt your l-lord to inflict more troubles.

Therefore, avoid legal recourse.

Rajaganapathy Ganesan
Advocate, Chennai
2300 Answers
8 Consultations

He ought to have offered you vacant and clear possession of the entire building to you.

Since the rent agreement empowers you to utilise the entire building, he could not have continued his possession over certain vital spaces in the building, as you have informed.

If your request to him to vacate the said vital spaces in the building have fallen on deaf ears, send a legal notice to your landlord.

Vibhanshu Srivastava
Advocate, Lucknow
9763 Answers
323 Consultations

Hello,

File a case of specific performance of contract against the land lord.

Issue a legal notice to him to perform the duties as mentioned in the lease deed.

The same though is not a registered lease deed, as and when the matter is resolved get the same registered.

Regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

hi, it is advisable to file A CIVIL suit for specific performance against the land lord

Hemant Chaudhary
Advocate, Gurgaon
4632 Answers
67 Consultations

1. Rent/Lease Agreement for more than 1 year is required to be registered to be treated as valid.

2. Your notarised rent agreement is in valid in the eyes of law for want of registration.

3. Get the rent/lease deed registered for 5 years and thereafter ask him to vacate the occupied space or adjust with him if you do not want to annoy him though it will not guarantee your renewal of rent/lease agreement by the land lord.

4. It will be difficult for the land lord to evict you for which you can ask him to comply with the terms of the rent agreement since leaving the said rented place is out of question and he also can not ask you to vacate the said rented space legally.

Krishna Kishore Ganguly
Advocate, Kolkata
27703 Answers
726 Consultations

You should give a legal notice to the owner to vacate the occupied portion immediately or to compensate the loss of Rs. 30 lakhs what you have invested along with the deposit amount.

You can drag him to consumer court seeking releif and compensation for his deficient service and also for causing mental agony

T Kalaiselvan
Advocate, Vellore
89978 Answers
2492 Consultations

Hi, you need to give a notice to the owner for providing you complete occupancy else reduction of rent, If he is not agree, you may initiate suitable cases against him.

Ganesh Singh
Advocate, New Delhi
7169 Answers
16 Consultations

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer