Eviction of tenants
Querist :
Anonymous
(Querist) 31 December 2011
This query is : Resolved
respected experts,
I had lent my shops to different tenants under a registered lease deed for a period of three years. The lease period is going to end on December 2012. However there is a stipulation in the lease deed that either party can terminate the lease by giving three months prior notice. I want to sell the said property and the proposed buyer wants me to hand over vacant possession of the same at the time of registration on or before 01-05-2012 with a default clause with heavy penalty. So I am going to issue notice to the lessees for vacating the shop in accordance with the lease agreements.The present rent of each shop is Rupees 1500/- one thousand five hundred per month please enlighten me with the problems which may arise for me in this transaction. Thank you Sir.
Devajyoti Barman
(Expert) 31 December 2011
You first send the notice of delivering the peaceful vacant possession of the tenanted property.
There would be no problem if the tenant vacates the same after the notice period.
But your problem may start if he refuses to vacate the same.
In that eventuality filing a suit for eviction would be the omnly option which is probability would take lot of time for final conclusion.
Deepak Nair
(Expert) 31 December 2011
The result on sending notice cannot be forseen. Let's hope that your tenants abide with teh terms and conditions of the notice and vacate the premises peacefully.
as stated by Mr.Barman, problem will arise only if somebody refuses to vacate.
But, you are suggested to take appropriate step to send the notice and wait for the reactions of your tenants.
Querist :
Anonymous
(Querist) 31 December 2011
SIR, ACTUALLY WHAT I AM WORRIED IS HERE ONE OF MY RELATIVE WHO IS AN ADVOCATE SAYS THAT SINCE THE BUILDING IS MORE THAN 30 YEARS OLD AND THE RENT IS LESS THAN RS.3000/- PER MONTH, THE LEASE FALLS UNDER RENT CONTROL ACT AND YOU CANT SEEK VACATION UNLESS FOR SPECIFIC PURPOSES UNDER LAW AND THAT AT THE MOST I CAN ASK THE TENANTS TO ATTORN? OR EXECUTE FRESH DEED IN FAVOUR OF THE BUYER OF THE PROPERTY. IF THAT IS THE CASE, MY BUYER WONT AGREE TO PROCEED WITH SALE, HE WANTS VACANT PHYSICAL POSSESSION AT THE TIME OF REGISTRATION AND IF I FAIL TO DELIVER THE SAME I WILL HAVE TO PAY THE UNREASONABLE AMOUNT AS MAY BE DEMANDED BY THE TENANTS. WHAT IS THE LAWFUL REMEDY UNDER THE CIRCUMSTANCES. EVEN IF I OR THE BUYER FILE THE CASE FOR EVICTION IT MAY NOT BE VACATED UNLESS FOR THE SPECIFIC PURPOSES. WHAT KIND OF LAW IS THIS?
Querist :
Anonymous
(Querist) 31 December 2011
BUT SIR JEE PRESENT MARKET VALUE OF THE PROPERTY IS IN ALOMST 50 LAKHS AND WHAT I AM GETTING AS RENT IS PEANUTS. iF i SELL DO SOME THING ELSE BY INVESTING I WILL GAIN A LOT. IT IS MY PROPERTY AND I LET IT FOR FIXED PERIOD ON FIXED TERMS AND CONDITIONS WHEN I AM BOUND ON THE TERMS THE TENANT ALSO FOLLOW- WHAT KIND OF LAW WE ARE TALKING ABOUT- IS PERMITTING AND SUPPORTING UNLAWFUL THINGS IS LAW?
DEFENSE ADVOCATE.-firmaction@g
(Expert) 31 December 2011
Yes this situation is not only in India but all over world.
Now the property rates have gone up so your are looking for money. Why you gave your property at first place on lease.
A tenant is always a tenant, difficult if not impossible to evict.
Querist :
Anonymous
(Querist) 31 December 2011
SIR JEE SHOULD ONE NOT LET HIS PROPERTY AT ALL- IF NOT WHAT SHOULD ONE DO TO SAFE GUARD HIMSELF AGAINST SUCH EXPLOITATION BY THE TENANTS. IS IT BETTER NOT TO HAVE ANY REGISTERED DEED OF LEASE? OR HAVE A REGISTERED DEED WITH SO MANY CONDITIONS AND REGULAR RENT ENHANCEMENT CLAUSES ETC. OR HAVE A DEED LIKE LEAVE AND LICENSE, AS SOME ADVOCATES SUGGEST- PLEASE COMMENT.
ajay sethi
(Expert) 31 December 2011
better wait for lease period to expire . by that time real estate prices will go up further . hike in interest rates are over . once govt reduces interest rates prices of property will further appreciate .
in the laternative if you are in hurry , issue them 3 months notice to vacate the premises and in event of failure to vacate file suit for eviction .
Querist :
Anonymous
(Querist) 31 December 2011
My worry is sir jee, as advised by one of my relatives who is an advocate that even if I wait for the completion of the agreed rent period I cant get the premises vacated as it falls under the rent control act as its rent is only 1500 per month and the structure is 30 years old it seems I have committed crime by not enhancing the rent at regular intervals as I was abroad.
V R SHROFF
(Expert) 01 January 2012
In Bombay, 50% of Property , Rooms or shops were on Rental basis, It was freely available for Rs. 20-30 p.m.
Now one cannot get a single room on such rent:
One had to pay 40% of Pagdi to Landlord, and Price went upto 65 Lakhs a room of 10x10ft.
Nobody built a chawl or residence for tenants. All on Ownership with cost of App 1 Cr & above.
Poor cannot afford housing in Mumbai no rental, & No LL for last 40 years.
Collect rent in k for yeas & vacate for Lakhs. No more Landlords and Tenants. only SRA & Redevelopment.
Landlords housed them, helped homeless with cheapest possible rental rooms (say Parel)
The Tenants either throw Landlords out of Mumbai, or killed them, or collected ransom in cr. Tenants became Owner, and also DONS.
Also Land Mafias. Compulsorily sell to them , or sell through them, at heavy CUT.
Now a days It is foolishness to rent out !!
ALL LAWS FOR POOR, WOMAN, LABOURER, WEAKER SECTION, SC, ST, AS THEY ARE VOTE BANKS.THEY CAN BE EASILY PURCHASED FOR THEIR VOTES, NOT LANDLORD, NOT EDUCATED CLASS, NOT WISE PERSONS. SO THEY RULE.
PRUDENT, POOR, WISE, CANNOT FIGHT& WIN ELECTION & MAKE LAWS
LAWS FAVOURING THEM. LAW IS BLIND TOO. IT IS MAJORITY MADE. NOT WISELY MADE. IT IS PARLIAMENTARY, AND POLITICIANS ARE ELECTED BY MONEY, POWER, & VIOLENCE.
YOU HAVE NO CHOICE, LIVE WITH THE LAW. POSSESSION IS OF PARAMOUNT INTEREST.
PAY ILLEGALLY TO TENANTS OR , OR VACATE THEM OUT ILLEGALLY TAKING ILLEGAL HELP OF POLICE & GOONDA, IS THE CHOICE OF THIS ILLEGAL AFFAIRS NOW A DAYS.
REASON OF CORRUPTION AND VIOLENCE IS BAD AND DELAYED ADMINISTRATION OD JUSTICE, BAD LAWS. It increases crime, That's why people hate Politician, Police & Advocates. "They work for money, not for justice.
Querist :
Anonymous
(Querist) 01 January 2012
And yet we talk about morality, legality, fairplay. As Sroff jee said law itself is encouraging illegality, immorality and unfairplay. What is to be done? No deed of lease or licence whether registered or not is not of any help. It seems only might is the right. I fail to understand where are we leading to and where do we end up. May God save us all.
Thank you all
Raj Kumar Makkad
(Expert) 01 January 2012
The opinion of your relative advocate seems wrong. once both parties have executed an agreement, both have to follow it. None can raise this plea that no lease would have been executed 3 years prior because the rent was below Rs. 3000/- per month. It is the sweet desire of both parties to contract to decide. You can easily file suit for eviction by serving a prior notice under section 106 of Transfer of Property Act and you can claim 10 times compensation for the period, such tenants remain in occupation of those shops for the extra period of lease period as they shall be treated in illegal occupation of your property thereafter.
There are various citations in your favour. You may tel your relative lawyer to contact me in this regard.
Deepak Nair
(Expert) 02 January 2012
Agree with Mr.Makkad. The parties shall abide with the terms and conditions of the agreement. If there is a clause for terminatin on 3 months notice, the lessees are bound to vacate.
First of all, you serve the notice and see what happens.
