Fixation of rent under drca
CA. NITIN KUMAR
(Querist) 20 May 2015
This query is : Resolved
Hi Everyone and Thanks in advance,
Since long we were living in tenanted propertyin OLD DELHI consisting Ground Floor and First Floor. The Ground Floor was occupied by another tenant and used as a Godown. Whereas Occupation of 1st Floor and Terrace was with us. Recently only i.e., on 30th April 2015, we Purchased the whole property and got it registered in our name. The Ground Floor tenant was paying a rent of 200 Rs P.M. to erstwhile landlord.
Eventually we want to evict that tenant on the Ground of Banafide Need. However, we found that new owner can not evict the old tenant for 5 years.
In the given scenario what should be our ideal strategy so that we could evict that tenant as early as possible.
Secondly, we also want to know that how much amount of Rent we can ask him (GF Tenant) to pay? or Should we go for the fixation of Standard Rent as we purchased that property on Market Price?
Further, till date we have not given any formal letter intimating of change in ownership to that tenant though verbally it is been told to him.
Kindly suggest suitable course of action to claim the highest Rent and eventually eviction to that tenant.
Kishor Mehta
(Expert) 21 May 2015
Sir,
If your property is in Maharashtra;
[1] You should inform the ground floor tenant that you have purchased the property and that he has to pay the rent to you.
[2] The legal tenant can not be made to vacate the premises.
[3] If you feel that the flat is undervalued for rent, you can file a suit for fixing Standard rent, however there is no relation between the value that you have paid and the rent that the tenant has been paying for a number of years.
[4] You have to file an ejection suit in the Hon. Small Causes Court for bonafide use.
Good Luck,
Kishor Mehta
