Tenant rights
pooja
(Querist) 26 August 2011
This query is : Resolved
hello,
pls help me in this regard..
one of my relative is living in delhi on rent since 1955, their owners never objected ever for rent and all these.. but now the issues generating like they can extend rent upto 1 lac and can anytime give notice to them. i just want to know in this case can is their any rights for tenants??
plss help me...
Thanks & Regards
ajay sethi
(Expert) 26 August 2011
your relative would be a protected tenant if he is staying since 1955 . but in case owner requires posession for bonafide personl use he cna evict owner . as far as increase in rent is concerned what was rent being paid . for how many years? has your relative received any communication from owner jacking up rent to 1 lakh?
pooja
(Querist) 26 August 2011
sir,
so cant they claim for any settlement amount for leaving this place?
Dr Anil Kumar Singh
(Expert) 26 August 2011
They can not claim legally but since they are enjoying the status of a protected tenant , the house owner if he wants to get it vacated may come for a compromise rather than to involve in a long legal procedure. But is depends on situation and case to case basis.
M/s. Y-not legal services
(Expert) 26 August 2011
Court can't compell the parties to enter in to settlement. Even tenant having good scope with this case. Approach your concern court for fix the fair rent regard the property
Raj Kumar Makkad
(Expert) 26 August 2011
Some of my expert brother are diveting the raised query and answering unasked question.
Here the question is only suo-moto enhancement of rent to the extent of Rs. 1 lakh by landlord.
My reply is that the tenant may challenge the notice before Rent Controller and may demand to fix fair rent which is binding on landlord.
Kiran Kumar
(Expert) 26 August 2011
just keep in mind that the tenancy shall be governed by the Delhi Rent Control Act and interpretations given by SC and Delhi HC thereon.
you need not to worry, in case any notice is received then challenge the same before Rent Controller as advised by Mr. Makkad.
prabhakar singh
(Expert) 30 August 2011
i agree to view expressed by Mr.Makkad