Landlords suffering
Balraj
(Querist) 16 April 2013
This query is : Resolved
Hello Experts,
I am reaching out for Legal advice for thousands of Landlords that are suffering due to tenants taking advantage of the lax legal system prevailing in the country. We have a commercial property in Nagpur Maharashtra that was rented out by our father around 20 to 25 years back without any Lease & License agreement. The only requirement we have from the tenants is to pay the rent as per prevailing market rates in that area and pay the same on time. Whenever we tried to take up this matter with the tenants, they have formed a group and do not agree to our demand.
We are afraid to take Legal actions as we understand that it would take a very long time and would cost us huge sum of money towards court and advocate fees.
Kindly provide us with a Legal Advice, what are the options we have.
Thanks and Regards
Balraj G Saigal
Cell No.- 9701061333
ajay sethi
(Expert) 16 April 2013
you have to proceed legally if you want to vacate the tenants . the other option is to buy the tenants out . whenever any tenant wants to sell his premises buy it from him .
Adv k . mahesh
(Expert) 16 April 2013
go legally there are many lawyers who will fight such cases select from them and fight for you right in the land
DEFENSE ADVOCATE.-firmaction@g
(Expert) 16 April 2013
First of all your grouse is market rent, it is not possible since tenants are protected under rent act.
Even demanding higher rent than what was prevailing at the commencement of current rent act is criminal offense .
R.K Nanda
(Expert) 16 April 2013
agree with experts.
Balraj
(Querist) 17 April 2013
Thank you very much for the replies. However I left confused as one expert suggest to fight it out legally (Expert - K. Mahesh) and the other Expert - Advocate Defence suggest that tenants are protected a rent act...please advice.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 17 April 2013
1) As per current Mah rent act rent as on 1st Oct 1987 is standard rent.
2) Tenant can even apply in court for its reduction.
3) Any landlord even demanding more rent than above can be punished for three months in jail and five thousand fine.
3) Giving rent rent receipt is mandatory other wise there is HUNDRED RS PER DAY FINE. The rent receipt has to be in prescribed form which many landlords are even not aware and never heard of it.
SO ANY HARASSED tenant CAN MAKE THE LIFE DIFFICULT FOR ANY LANDLORD., SINCE MAH RENT CONTROL ACT AND SO RENT CONTROL ACTS OF MOST OF THE STATES FAVOR TENANTS. And landlords in over confidence behave like feudal system.
