Avoiding eviction in commercial property
Mohan
(Querist) 25 April 2013
This query is : Resolved
Hi Experts,
My father is doing business in a shop for last 30 years in a small town in TamilNadu. Landlord who was originally owner of the shop has died long back. Now their heirs have planned to sell that Property. we showed interest to buy that Property. But heirs are not interested to sell the shop to us due to unknown reasons. They entered in an agreement with another person to sell that Property. We are ready to pay more than the amount what they were planning to sell that Property. Now heirs are asking us to vacate the shop.
we have agreement papers from the Landlord(died) for renting that shop. No period was defined in that agreement. Also we have license for that shop from tamilnadu government.
As a tenant how can we avoid eviction. We are not sure what to do now. Whether we can get legal help to avoid eviction?
ajay sethi
(Expert) 25 April 2013
refuse to vacate . let landlord file suit for eviction . landlord does not require premises for his own use . you have been paying rent regularly for 30 years . fight it out
M.Sheik Mohammed Ali
(Expert) 25 April 2013
you dont vacate the shop, you file a suit against land lord and new purchaser,
where are you from ?
are you from Chennai ?
R.K Nanda
(Expert) 25 April 2013
agree with experts.
Mohan
(Querist) 25 April 2013
Really Thanks for your advise.
I am from Pollachi near to Coimbatore.
Landlord did not provide rent receipts during this time period. whether this will create any problem? But we are paying the rent properly and rent is increased now and then.
Advocate M.Bhadra
(Expert) 25 April 2013
Article blog taken from www.indolegal.com
The Right to Protection Against Unreasonable Eviction
This is the most important tenant right that you can use to protect yourself in case of an eviction. Each State Rent Control Act has specific grounds based on which a landlord can evict a tenant. Any ground that does not fall under the list specific to your State is not considered to be sufficient for eviction. As a tenant, this Act also gives you the right to protection if your landlord evicts you for reasons not specified in the Act or falsified reasons. If you want a quick, easy and professional way Indolegal lawyers have years of experience and can help you.
If you have enough time and still want to do it yourself don't worry you can look at some books listed at the bottom of page.
How can you Enforce your Right?
Firstly, let’s look at what you can do if your landlord tries to remove you from the premises by force, and not by serving an eviction notice. If this happens, you would be entitled to file a case in the civil court and seek an order of injunction. This order can stop the landlord from removing you out of the premises without any ground described in the Rent Control Act.
Alternatively, your landlord may file a notice of eviction based on false grounds. For example, your landlord may evade the receipt of rent in some way for a month. After this month, he/she would move the court for eviction based on the grounds that you wilfully failed to pay the rent. In such cases, you can rely on the same Rent Control Act for justice.
Steps to Stop or Prevent a Falsified Eviction
In the above mentioned scenario, you can challenge the eviction notice by approaching the Rental Controller’s Court, giving your reasons. Once this is done, you would be summoned to the court, where you would have to put forth your case with adequate evidence for support. In the above mentioned scenario, you can follow the steps given below to stay safe and gather enough evidence in case your landlord ends up filing an eviction:
1. If the landlord fails to receive your rent, you must issue a notice in writing that asks the landlord to specify a bank for depositing the rent within 10 days from the date of receipt of the notice. This notice should clearly mention the non-receipt of the rent on the part of the landlord, and the option that you as the tenant are exercising. If your landlord gives you the bank details, then you should go ahead and deposit the money as soon as you can.
2. If the landlord does not respond to this, then you must send the rent directly to your landlord as a Money Order. The Money Order coupons should be kept safely as proof of rent payment. If the landlord accepts the payment, then there would be no problem later on and you may continue paying through Money Order.
3. If the landlord refuses the money order, then you should file a petition before the appropriate court and get the court order to deposit future rents in the court.
Rajendra K Goyal
(Expert) 25 April 2013
If the landlord is not giving the receipt of the rent you may deposit the rent in the court. The information given by Expert Miansu Bhadra is very useful.
Raj Kumar Makkad
(Expert) 25 April 2013
You can send the money order to the landlord containing entire arrears of the rent with special comment that this is being sent on his refusal to receive in case as routine process and you further also do send it in the same process.
If he refuses money order even then you have no problem. Let him file eviction petition.
Mohan
(Querist) 26 April 2013
Thanks Experts!!!
Thank you very much
