Condition of renewal of tenancy
Querist :
Anonymous
(Querist) 18 March 2010
This query is : Resolved
I am the tenant who has bought goodwill , business, amenities, furniture’s from the landlord legally. These are the following lines in the my agreement,
(The tenancy period shill be initially for period 3 years, which shill be renewable for, future period of 3years at the enhanced rent of 15% , with the option to the tenant to renew the agreement for further period on such terms & condition as may be mutually agreed upon.) . Can my landlord tell me to vacate the business after lease period
or?????
niranjan
(Expert) 18 March 2010
Simply becasuse there is a term of renewal,cannot be termed that the landlord has lost right to ask for vacating the premises.He can do so on legal grounds availabvle to him and also on breach of conditions of agreement.
Raj Kumar Makkad
(Expert) 18 March 2010
Definitely your landlord is within his legal right to demand vacation of his premises from you within the terms agreed upon and cited by you in your quarry.
Parveen Kr. Aggarwal
(Expert) 18 March 2010
Relations between a landlord and a tenant are governed by the Rent Control Legislations. In case, there is a clause for renewal of tenancy for three years after expiry of the original lease period, it may be renewed by mutual consent on the rent agreed upon. However, if the tenant has incurred any liability for eviction and any of the grounds for eviction has accrued, the landlord may seek eviction of the tenant from the demised premises even during the agreed period of tenancy.
Kiran Kumar
(Expert) 19 March 2010
you will be governed by the terms and conditions contained in the agreement. A tenant remains a tenant unless he buys the property, you can not restrict landlord from claiming back his property. A landlord is not at the mercy of tenant but a tenant is at the mercy of landlord.
however, the rent legislations have been grossly misused by the tenants but the SC and HCs have occasionally corrected the law in favor of landlord.
Querist :
Anonymous
(Querist) 20 March 2010
I am a tenant running hotel since 2000. For first 5years the business was in the name of landlord. From 2006 the landlord offered to sell the hotel Business goodwill, furniture’s & movable amenities. So I Bought all these from the landlord At market price valued of year 2000,through legal agreement Deed.
Landlord also renew the lease for future 7 years., till 2012.
Will the business goodwill, furniture’s & movable amenities which I bought from the landlord, At market price valued at year 2000, legally fetch me any advantage, if my landlord wants me to vacate after the lease period. Can I legally tell my landlord to buy back my hotel Business goodwill, furniture’s & movable amenities At market price valued at year 2012.Because its connected to this hotel property. If he refuses to buy, do I legally have rights to sell, all hotel Business goodwill, furniture’s & movable amenities to someone else.(outsider)
ARE GOODWILL,BUSINESS WHICH I BOUGHT FROM LANDLORD CONNECTED TO THE THIS HOTEL property.
Is the following lines in the my agreement favorable to me to me or not.
(with the option to the tenant to renew the agreement for further period on such terms & condition as may be mutually agreed upon.)
Parveen Kr. Aggarwal
(Expert) 21 March 2010
The landlord may ask you to vacate the premises after expiry of the agreed period of lease. In case you want to run the business of Hotel in the same building after 2012, you can extend the period of lease for a longer period. The lines mentioned in your query may be with the following words "with the option to the tenant to renew the agreement for a further period and the landlod shall be under an obligation to renew such agreement upon the request made by the tenant"
