Rent
Gurumurthy Ramaiah
(Querist) 02 March 2012
This query is : Resolved
I am in occupation of a flat for the last 2 years. The build has 18 such flats and 40 years old. Now the owner wants to increase the rent by 25% nearly. No agreement made for tenency so far. I am a senior citizen aged about 72 yrs. Suppose I refuse to pay this extra amt. can he serve eviction notice? I also want to know whether he can revise the rent? He has not done any repair to the flat.
Deepak Nair
(Expert) 02 March 2012
The drawback in your issue is the lack of an agreement for 2 years.
An owner of the property is at his discretion to decide the rate of rent of his property.
I doubt any remedy available to you in this issue.
R.K Nanda
(Expert) 02 March 2012
Dear Client,
If you do not pay rent then he can send eviction notice.he can revise rent.you can ask him to repair flat.
Please feel free, if you require more advise, then contact me on Mobile Via Path Legal.
All the Best.
R.K.NANDA - ADVOCATE
DELHI HIGH COURT & SUPREME COURT OF INDIA
H. S. Thukral
(Expert) 02 March 2012
Differ with above two gentlemen.
Rent can not be increased arbitrarily. Most rent legislations provide for 10% increase every three years. Keep paying the current rent. if the landlord gives you a notice to increase, do send a reply. He can not evict you on non-payment of increased rent.
ajay sethi
(Expert) 02 March 2012
do you have any evidence that you are in occupation for 2 years? how are you paying rent by cash or cheque?
if you are paying by cash since you do not have nay evidence of being a tenant then owner can call upon you to pay increased rent .
send a letter to landlord pointing out aforesaid facts . try to arrive at amicable settlement .
Gurumurthy Ramaiah
(Querist) 02 March 2012
I am paying via internet online. If the landlord can revise rent at his will then what is a fair rent? From the replies I got so far it seems that the tenent is always at the receiving end. Entries in my passbook are there for payment of rent.I told that the buldg. is 40 yrs old and I am a senior citizen.The replies I got are discouraging.This amounts to total surrender and he wil try to do the same with coming tenent.But I was in Pune 2yrs before. There it is impossible to evict any renent. In fact the tenents are paid heavy amount for vacating.
prabhakar singh
(Expert) 04 March 2012
Hold your breath sir!
Do not feel depressed.
Law is always favorable to tenant.It shall take decades to your land lord to enhance the rent of a building which is 40 years old by process of courts unless you agree on your own as he wishes.
Land lord can not enhance rent exparte and
can not seek eviction on refusal of payment of enhanced demand of rent.
Continue to pay the agreed rent as you have been paying.
Let him do whatever he wants to do,he can NOT evict you forcefully and can also not implement his wishful enhancement without order of court and that shall be implemented from the date of order and not
retrospectively from day of his demand and that day is too far with least hope for his favor is my confirmed view.Any eviction case takes at least 30 years to see the execution of decree even if passed in favor of land lord,which raerly happens unless eviction is sought on the ground of bonafide need that too is compared with hardships of the tenant.
Shonee Kapoor
(Expert) 04 March 2012
Agreed with my friends, that law is in favor of the tenant.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
