Tenancy
jayanta ray
(Querist) 27 January 2013
This query is : Resolved
I am a tenant for a shop in a mall for last 12 years and i had agreement for first 3 yrs,only and i do not have agreement for last 9 yrs , but i had regularly paid rent as an when increased, but the land lord had taken double the rent of market since last 9 yrs and now asking to vacate m how can i get back my extra paid high rent and my deposits
regards
jayanta
Adv.R.P.Chugh
(Expert) 27 January 2013
Which state are we talking about ? and also the monthly rent.
prabhakar singh
(Expert) 27 January 2013
Unless your tenancy is protected by some state legislation,it would be treated month to month and can be determined by your land lord
serving upon you a notice for a month under section 106 of the transfer of property Act.
If your land lord is not obliged by fact that you have been paying him rent double the market rate then law is not going to give you any grace mark on this score.
Hope you have the receipts of the rent paid otherwise it would be hard nut to prove in courts if your land lord disputes it.
If your deposit is security amount under agreement made initially then there might be a covenant there in this regard and you can get it back on vacation.Any way you would get it back on proof of payment.
All in all the position is that your land lord can not evict you forcefully unless you vacate willingly.
After service of the above notice and on it's non compliance by you,he would be forced to file an eviction suit and that shall buy you some time for arranging alternative accommodation.
Better get in touch of a local civil law lawyer practicing rent control and tenancy matters.
ajay sethi
(Expert) 27 January 2013
it hardly lies in your mouth to quibble about having paid double the market rate whn you have willingly paid the same for last 9 years . if you have paid security deposit by cheque then you should obtain letter from landlord agreeing to return SD on your vacating the premises .
take demand draft of SD and vacate the premises . if your landlord has been charging you more than market rate you will get alternative premises easily
V R SHROFF
(Expert) 27 January 2013
Inflation is over 300% in last 9 years, and that too of Property, Shop.
It is justified, being commercial.
Instead of raising dispute, settle the matter, pay reasonable rent & continue, as u hv goodwill of over 9 yrs in that business & that locality.
R.K Nanda
(Expert) 27 January 2013
agree with expert Shroff.
