Hello, I rented a shop in an almost closed down mall to make my office (Haryana). I did the contract with landlord for 3 years on a Rs.100 stamp paper. Its not registered. Now 4 months after I did all the work in the office like flooring, electricity, glass fittings, wood work etc. the landlord is demanding maintenance. The landlord is threatening to stop the electricity supply. I've not paid any maintenance till now. The contract clearly specifies that tenant is not under any obligation to pay any maintenance charges. 1. Is this UN-registered agreement VALID? 2. If I go to court will they ask me to pay the stamp duty? 3. The contract specifies that I can leave the property by giving 1 month notice. The contract does not however specify about the conditions to be followed by the landlord to remove/evict me from the property. Can they remove/evict me from the property if I go to court? I have invested a lot of money in the property (about 5 years of rent) 4. How to move forward? 5. The agreement is signed by the partner of the owner of the property. He gave me the signed paper (letterhead of the owner's company) on which the owner gave him permission to rent out the shops in the mall and the new construction of the mall will be done by both of them. 6. It is to be noted that the mall is undergoing construction. And it has not been maintained at all. Bathroom closed, stairs broken, etc.
1) un regsitered leave and licence agreement would be valid
2) if document is under stamped you would have to pay deficent stamp duty with penalty
3) you should not go to court . you are in possession of the property . let landlord file case in court for your eviction
4) you should in reply to landlord notice mention that contract does not provide that tenant is liable to pay maintenance
5) mention the money invested t by you on upgradation of the office premises
The Transfer of Property Act, 1882 does not require a lease deed to be necessarily in wring or by a registered document. But Section 49 of the Registration Act, 1908 prohibits a document required to be registered from being received as evidence of any transaction affecting such property unless it has been registered. And if document is under stamped you would have to pay deficient stamp duty with penalty.
You can approach the court for getting Injunction from forceful eviction from the land lord any time. The person who put the signature in the lease deed is important matter. So its your duty to prove the person who put the signature is the competent person for doing the same. If the amount for maintenance is not mention in the document then you can deny from paying the same.
If necessary send a legal notice to Land lord .Mention all expenses spend for necessary arrangements done by you .Consult a local lawyer.
1. Yes, unregistered tenancy agreement is valid for the purpose of fact of tenancy.
2.Yes, the court would ask for stamp duty with penalty.
3. Yes, landlord can evict you through court oflaw . However non payment of maintenance is such ground if tenancy agreement is silent on this.
4. Enjoy the proeprty as usual.
5.It is alright.
6.You can take this plea in court.
Thanks for your informed answers. I need to make it clear that contract is NOT silent on the maintenance charges. It is clearly mentioned in the contract that tenant is NOT under any obligation to pay charges other than rent and electricity bill. The exact wording of the point in the contract is below:- "THE TENANT WILL NOT BE UNDER ANY OBLIGATION TO PAY ANY OTHER CHARGES LIKE MAINTENANCE CHARGES, AMC CHARGES EXCEPT RENT AND ELECTRICITY CHARGES" The exact wordings of the electricity term in the contract is below whereby its his responsibility to provide me the electricity:- "THAT THE LANDLORD WILL BE RESPONSIBLE FOR PROVIDING ELECTRICITY TO THE TENANT AND THE RATE AND CHARGES OF THE ELECTRICITY BILL WILL BE CHARGED AS PER GOVT. RATES USING THE READINGS OF THE SUB-METER DEPLOYED SPECIFICALLY FOR THE RENTED SHOP" It is also important to note that I have not paid any maintenance since I took the property. And landlord is asking to pay maintenance from the date I took this property (15.July.2016) 1. While the landlord is NOT threatening to evict me, he is threatening to stop the electricity supply if I don't pay the maintenance. Earlier also he cut off the electricity. Than within 10 minutes my father called the supervisor of the mall and threatened him of police action. He than instantly resumed the electricity supply. a) Is there any other option to go to court IF he cuts of the electricity (assuming I don't pay the maintenance charges)? b) Is there any way to stop him from cutting electricity supply? Letter or something that can act as deterrent? Or it is not recommended as it will anger him even more? c) There are murmurs in the mall that the landlord told his employees to temporarily block the way to my rented property using waste wood (that is there in the basement of the mall). I told supervisor not to do it or I will take police action. He has not done it till now. 2. The contract says that I can terminate this agreement by providing 1 month notice. However it is silent on the conditions that the landlord MUST take to remove/evict me from the property. The exact wording of the term in contract is below:- “THE TENANT CAN TERMINATE THIS AGREEMENT / DEED BY PROVIDING ONE MONTH ADVANCE NOTICE TO THE LANDLORD. THE LANDLORD WILL PAY BACK THE REFUNDABLE SECURITY OF THREE MONTHS TO THE TENANT IN THE CASE” The rent agreement is for 3 years. (from 15.July.2016 to 15.July.2019) a) Can they remove/evict me from property by simply giving me a notice with some waiting period? (I've invested huge amount of money in the office – rent of 5 years). Most was spent for flooring (tiles), Installation of toughened glass doors, false ceiling, wood work, paint/polish, electricity and AC fittings. 3. Landlord is not giving me electricity bill on purpose. He is saying to first clear the pending maintenance charges. For last month, he refused to take rent cheque. I transferred the money to his bank account than.
1) landlord cannot evict you by issue of simple notice . The contract dies not give right to landlord to terminate contract
2) he has to file eviction suit . It would take 5 years for suit to be disposed of
3) you must be having account number of electrify given by service provider
4) pay online electricity bill
5) electricity is essential service and cannot be disconnected by landlord
Gawhati High Court in Santosh Kumar Krishna Kumar v. Misrilal Nirmalkumar, 1982 GHC 69 dealt with a similar type of matter where the supply of electricity was disconnected. A suit was filed and on application an ad-interim ex parte mandatory injunction to restore the electric connection was issued by the trial Court. The appellate Court upheld the order. Landlord filed a revision before this Court invoking the power under Section 115 of the CPC. This Court held that electricity is an essential item. While approving the decisions of the Courts below this Court held that when the need was urgent, the process of the Court should respond quickly to ensure justice. This Court also held that disconnection of a tenant's electric energy was not merely a wrong but a wrong of grievous nature and in such cases the Court should issue injunction.
Similarly, in Ram Chandra Bhagwan Das represented by Shri Bhagwan Das Agarwala v. Pawan Kumar Agarwalla, (1983) 1 GLR 443 this Court held that there is no bar under Section 39 of the Specific Relief Act for granting mandatory injunction. On the other hand, it provides, to prevent breach of obligation and also to compel performance of a requisite act, the Court in its discretion may grant injunc-tion. It was also held that in a case of this nature a mandatory temporary injunction can be granted to restore the supply of essential services like water supply and electricity.
An unregistered rental agreement beyond the period of 12 months is not valid in the eyes of law.
If the stamp duty is paid and the agreement is registered at this stage then it can be valid agreement.
If there is no clause or condition directing the tenant to pay the maintenance charges then the landlord cannot demand maintenance at this stage after having agreed with the conditions stipulated.
The agreement can be executed through an authorised representative too.
The landlord canot throw you out of the property on his own, he has to follow the due process of law for evicting you.
You may approach court of law for the landlord's excesses and seek an injunction against him restraining him from indulging in any unlawful activities or illegal acts against you in this regard.
The landlord cannot disconnect the electricity supply or water supply which are considered as basic amenities.
a) Is there any other option to go to court IF he cuts of the electricity (assuming I don't pay the maintenance charges)?
You can approach court of law with a permanent injunction suit agaisnt him restraining him from indulging in such undesirable activities which hamper the daily and routine life as well s peaceful occupation.
Besides yo can even lodge a criminal complaint with the police for the atrocities by the landlord.
b) Is there any way to stop him from cutting electricity supply? Letter or something that can act as deterrent? Or it is not recommended as it will anger him even more?
Approaching court with a suit for permanent injunction may fetch you relief.
c) There are murmurs in the mall that the landlord told his employees to temporarily block the way to my rented property using waste wood (that is there in the basement of the mall). I told supervisor not to do it or I will take police action. He has not done it till now.
Nobody can block your way.
a) Can they remove/evict me from property by simply giving me a notice with some waiting period? (I've invested huge amount of money in the office – rent of 5 years).
The landlord cannot any such act on his own, he has to approach court of follow due process of law to evict you.
3. Landlord is not giving me electricity bill on purpose. He is saying to first clear the pending maintenance charges. For last month, he refused to take rent cheque. I transferred the money to his bank account than.
If the landlord is not giving the bill you may approach the department and pay the bills directly.
You can continue to pay the rental amount through bank transfer also.
If the landlord issued a notice for eviction or try for forceful eviction then approach the civil court for stay and ask damages from him is the only remedy.