Eviction

We had rented out our property to Oyo last year on a fixed monthly rent for residential purpose of their clients in Delhi. Lease tenure is three years- with lock- in period of 6 months. Lock-in period has since expired. The Lease is not Registered. No security deposit was taken by us from Oyo. We have just received a communication from Oyo that in the wake of corona virus pandemic they are invoking Force Majeure Clause. We have given the following response to them w.r.t. the FM Clause:- Force Majeure Conditions:- Kind attention is invited to Clause-13 of the Lease Agreement entered into between us and M/s Oyo Apartment Investments LLP which inter-alia mentions- “if the premises are rendered unfit, in whole or in part for use and occupation or the access thereof is hindered by any event such as tempest, flood, earth quake or any irresistible force or act of God or not occasioned by negligence on the part of the Lessee or his servants and agents for a period exceeding three months…” Response: Invoking of this clause is not in consonance with the Agreement. Please note that the occurrence of corona virus pandemic, though may be termed as an Act of God, does not in any manner render the premises as unfit for use & occupation. There are no instructions from WHO, Govt. of India or Union Territory of Delhi which prohibit stay in Hotels/guest houses or which call for vacating such hotels etc. The premises are very much capable of being used for the intended activities of the Lessee. In fact, the premises have been occupied by your tenants since 12th March and still some of them are residing there, as can be verified from your records. Though some occupants may have left for personal reasons but the premises/rooms are still in their possession. As such, the conditions prevailing in the country on account of corona virus pandemic are not covered by the FM clause as stipulated in our Lease Agreement. Invoking of this clause therefore shall not be in consonance with the Agreement. They have also stated that they are not in a position to operate on fixed monthly rent and have intimated that they will now operate on a Revenue Share Model with a retrospective date. We are not willing to accept this new rent model which is disadvantageous to us. Please advise us - whether : a) FM clause can be made applicable in our case;? b) can we now issue an Lease Termination Notice to them- as provided in our Lease Agreement.? I shall be grateful for an early advice please. Regards, P Shanker