Eviction of tenant
Guest
(Querist) 30 April 2013
This query is : Resolved
FACTS:
1. Tenant occupying a shop in the ground floor commercial premises, over which the owner lives.
2. Tenant paying rent regularly since the inception of tenancy, for the last 15 years, uninterruptedly.
3. Leave and Licence agreement renewed from time to time earlier, but since the last 3 years no renewal made.
4. Meanwhile, tenant refurbished/remodelled his shop elaborately, without written consent, last year.
QUESTION:
Can I evict my tenant? What are the chances of winning the court case? Please note that the tenant made huge investments in the shop without my express agreement in the absence of a valid agreement.
V R SHROFF
(Expert) 30 April 2013
Adv. Jehangir,
Was he a tenant [ rental] or on LL??
did u issue him any rent receipt?? or collected pagdi??
status of occupier not clear.
If LL, was agr regd??
if taken rent, why LL?Any Agr regd.??
Guest
(Querist) 30 April 2013
Respected Sir:
All necessary formalities were duly complied with.
We initially had agreements with him for 2 years, then 3 years and since 2010 only Leave and Licence Agreements for 11 months'.
Rent Receipts have always been issued and are issued even now, although there is no express agreement.
No registration of any deed done. Last deed for 11 months' expired in 2011 itself. Only office space was given on rent NOT land.
ajay sethi
(Expert) 30 April 2013
your leave and license agreement expired in 2011 . the said agreement has not been renewed for last 15 months or so . however you have continued to accept rent even after expiry of leave and license agreement .issue notice to licensee to vacate the said premises within period of 3 months . if he fails to vacate file eviction suit .
R.K Nanda
(Expert) 30 April 2013
no more to add.
Guest
(Querist) 01 May 2013
Thank you, Sirs!
DEFENSE ADVOCATE.-firmaction@g
(Expert) 01 May 2013
Which is your State and what are the provisions in your state laws. Most of the State rent acts protect the tenant.
In your case the tenancy is more than one year so any agreement has to be registered and the burden is on landlord in most state rent acts.
Issue of notice is most tricky part in such matters and take proper advice from expert in the field. Most cases fail far want of proper notice. Mere renovation even extensive is not sufficient ground for eviction.
Raj Kumar Makkad
(Expert) 02 May 2013
All aspects of the query stand duly discussed.
