Rent question
Querist :
Anonymous
(Querist) 30 October 2020
This query is : Resolved
Hello sir,
I have some commercial shops that I have to give it on rent.
I was just discussing my friend and he told me to stay safe.
He said that if the tenant, overstays the premises after the rent agreement expires and stays in the shop forcefully then, we cannot do anything to vacate him.
If something happens like that we need to file a case for eviction and also we have to prove in court why we do not want this tenant to stay anymore
It takes many years.
Q1) IS IT TRUE????????
Q2) IS IT TRUE THAT THE COURT DO NOT EVICT THE TENANT IF THE LANDLORD DO NOT GIVE JUSTIFICATION ON WHY LANDLORD WANT TO EVICT THE TENANT?
Please clarify.
Rajendra K Goyal
(Expert) 30 October 2020
You said:
It takes many years. Q1) IS IT TRUE????????
Reply:
Court cases are time and cost consuming. You may enter into lease agreement for particular period with heavy penalty clause in case of overstay. Discuss in detail with local lawyer.
You said:
Q2) IS IT TRUE THAT THE COURT DO NOT EVICT THE TENANT IF THE LANDLORD DO NOT GIVE JUSTIFICATION ON WHY LANDLORD WANT TO EVICT THE TENANT?
Reply:
State law is applicable in this respect, which differ from state to state. In case of Registered lease agreement is for particular period landlord has law in his favor.
kavksatyanarayana
(Expert) 30 October 2020
In many states, the lease deed is compulsorily registered. So it is better to execute the lease deed with the tenants for some period and add a clause regarding the vacation of the property or extend the period by executing another deed in continuation of the lease. Such terms and conditions shall in mentioned in the lease deed. So consult a local lawyer who drafts the documents or a senior Document Writer to draft the deed with valid terms and conditions.
Advocate Bhartesh goyal
(Expert) 31 October 2020
If you want to rent out shops then both of you and tenant must execute registered lease deed for fix period.After expiry of that period it would be your wish to renew the lease deed or not.If you don't wish to continue tenancy you may ask tenant to vacate the shops .
Dr J C Vashista
(Expert) 31 October 2020
Mr./Ms. Anonymous,
Time and cost consumption in any court case is a reality in India.
Rent is a State subject, where time taken by the Court depends upon various factors such as pendency in that court, cooperation and availability of Judge, litigants and their counsel(s), unforeseen circumstances like COVID-19 / strike etc.
It would be better to disclose your identity if you have it.
P. Venu
(Expert) 31 October 2020
Yes, court cases could be time consuming. However, default in payment itself is a substantial ground for seeking eviction
Rajendra K Goyal
(Expert) 31 October 2020
Generally due to prolonged litigation parties prefer to arrive at out of court settlement.
K Rajasekharan
(Expert) 01 November 2020
As stated earlier Rent Control is a state subject. In Kerala the rent control act is wholly in favour of the tenant.
Once a person becomes a tenant he can only be evicted by legal means: that is through court orders and for specific reasons stated in the law alone.
Even if the tenant is over staying without paying you the rent or without renewing the contract if you ask him to vacate he can file a case and obtain a stay by stating reasons which might not be true. He can prolong the proceedings though many ways if the presiding officer is not very shrewd.
Anyway giving any building on lease t is a tricky subject. But it does not desist people from giving their buildings on rent.
P. Venu
(Expert) 01 November 2020
To my knowledge, it is precondition, under the provisions of the Kerala Lease and Rent Control Act, that the tenant need to deposit the arrears of rent before his defence is admitted and heard.
Rajendra K Goyal
(Expert) 01 November 2020
More or less law favors tenants in all the States.
Dr J C Vashista
(Expert) 01 November 2020
I agree with expert Mr. K Rajsekharan, rent control has been enacted to protect the tenants in every state.
However, situation has drastically changed during the last decade and now Courts are not favouring the tenants as earlier.
Under the rental laws in India, there are rights that safeguard the interests of a landlord, too. The Rent Control Act is one important act passed by the Government of India in 1948, post which several states like Delhi, Maharashtra and Karnataka have undertaken amendments to the same. The act, however, seen as pro-tenant, also talks about the protection of rights of landlords. Recently, various amendments have taken place pertaining to new laws favoring landlords.
1. Right to evict a tenant
With the Rent Control Act applicable only to a tenancy of over 12 months, things seemed tougher for landlords to evict tenants living in the property for years. The Act which has been in the news recently, aims to make things easier for landlords as well as tenants by addressing untimely eviction, repossession issues as well as mutually fixing and revising the rent. Laws now allow landlords the right to evict a tenant on the grounds of:
• breach of rental agreement;
• subletting rented premises or a part of it without landlord’s permission;
• default in payment of rent for specified period;
• misuse of the property; or conducting illegal activities in the rented premises
• The landlord also has a right to evict a tenant if he or she requires the building for his or her own occupation.
To prevent tenants from overstaying, landlords can also add a clause of hike in rent in the agreement, if the tenant does not leave when the contract ends.
2. Right to temporary recovery of possession
A landlord is entitled to obtain possession of the property, in case there is a requirement for him
• to carry out repairs,
• Alterations or additions to the building, which cannot be carried out without the building being vacated, after which the building will again be offered to the tenant.
• Or, if the rented accommodation has become unsafe for habitation and cannot be refurbished without being vacated, the landlord is entitled to get possession of the property.
