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Ramesh (Senior Associate)     07 May 2014

Tenant not vacating after the agreement period

Hello,

We had let out our house first floor to MrX for a period of 10 months (July 2013 - Apr2014). We wanted to rent it for Rs 12000, but since the tenant requested we accepted of getting Rs 10000 as rent for the first six months and then onwards Rs 12000.In the agreement we had stated only about the Advance and nothing about the rent. Six months went by. We asked the tenant to give 12000 as agreed after six month but he declined it and said he will give only 10000. So we asked him to vacate the house. he asked us time. we gave three months time ( Feb to Apr 2014). May 1 he came with the rent and we asked him when he will vacate as his three months time has ended. Without any proper reply he left and next day he has filled a case against us saying the below given lies:

1) he came with a rent of Rs 7500. After six months we increased the rent to Rs 10000. then after three months again we had increased the rent to Rs 20000. this amount is very high and he cannot give this amount.

2) we are threatening him using political powers.

Please suggest me how to go ahead with this... My family is a very kind family and have not troubled any tenants till now. tenant is creating unwanted issues in the house. My parents are above 60 years and they stay alone.



Learning

 3 Replies

Lawyer SALEEMA KABEER (Advocate Madras High Court & Legal Consultant Chennai Law in Law Firm. +91-9698884779)     08 May 2014

From your query, it is understood that you have entered a rental agreement only for the period of 10 months which expired on April 2014. Therefore, you can legally ask the tenant, by initiating legal proceedings to vacate the building .

 

It is advisable to send legal notice at the earliest, by mentioning that the rental period has been expired and so the occupation of the property after the contractual period is illegal for which you are entitled to get compensation from him on daily basis till he vacates and surrender the possession of property.

 

It is not clear from your query that what kind of case has been initiated by the tenant against you, whether civil suit for injunction or Rent control Proceedings for fixation of fair rent. Whatever it may be, such proceedings will not affect your legal claim of asking him to vacate and pay compensation, subject to the court order of injunction if any.

 

Note that you have also the duty to defend the case which was has been initiated by tenant.

T. Kalaiselvan, Advocate (Advocate)     09 May 2014

You can issue a legal notice to him instructing him to vacate the house premise let out on rent to him on the expiration of the agreement period, if he fails, you may initiate suitable action through court of law.

Kishor Mehta (CEO)     10 May 2014

Sir/s,

The obvious question would be whether it was a rental agreement or a Leave & Licence agreement? In any event it is imperative to mention the monthly rent or licence fee as the case my be. Further the agreement has to be registered to be of any value in a court of law.

As it is mentioned in the query that: "In the agreement we had stated only about the Advance and nothing about the rent."

In such an ambiguous case it is difficult to come to  a conclusion about the settled rent, and usually the tenant or licensee is given the benefit of doubt.

Good Luck,

Kishor Mehta


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