Problematic Tenant
Querist :
Anonymous
(Querist) 29 June 2010
This query is : Resolved
Dear Advocates,
I am having a property in a prime location in Madras which has been rented out to offices and shops One of the tenant is running a shop for past 20 years. Rental agreement is between my father and the tenant’s father executed in 1998. My father expired in 2002 and I became the owner of the property. I have not executed a fresh rental agreement. They have been paying the rents promptly and also increase in rent as and when asked by me. During the course of time some ego clashes and personal disputes arose between me and the tenant. I want to throw him immediately out of my house. I have given time to vacate the shop within 6 months and stopped collecting rent. The present tenant and his father pleaded to me to forget all the personal vengeances and ego problems and consider their plight, since this shop is their only source of income and fell at my feet to let them continue to occupy the shop. They are even prepared to give any increase in rent and extra rental advance. Even when they prayed at me to forgive them, I am not prepared to let them continue in m y premises since I am an egoistic person. They have started to send the rent by Money order which I have refused to receive. I want them to get out of my property as early as possible. I have lost the original copy of the rental agreement. I have property tax dues to the above property. By which source can I vacate them. The tenants are not simple persons, though they are falling at my feet, they will give stiff fight for any legal or illegal battle against them. How can I get them vacated, what is the time limit expected to vacate them if I go to court. I have not given rental receipts for past 12 months, but they have paid the rent in cash to me, can I carry the case on the basis of default in rent. They are making arrangements to deposit the rent in court, can I raise my objections for deposit of rent in court or shall I go in compromise with them.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 29 June 2010
No help from courts and law for you. Not giving reciepts is criminal offence.Court will reduce rent and also order to pay rent in court whether you object or not since the laws are tanent favourable.
Vinod Kumar Arora
(Expert) 29 June 2010
In the given circumstances, the best option for you is to settle the matter amicably.
H. S. Thukral
(Expert) 29 June 2010
What amount of rent is payable by the tenant?
Querist :
Anonymous
(Querist) 29 June 2010
Rent is Rs.2000/- per month
H. S. Thukral
(Expert) 30 June 2010
Kindly check rent control act of your state. In case the tenancy is protected, you can get the premises vacated only in specific circumstances.
Since the tenant is ready to compromise, get the rent enhanced mutually in writing so as to bring it outside the purview of rent control act. Things shall be easier for you in the changed scenario.
Querist :
Anonymous
(Querist) 30 July 2010
Hai to all, I refer my earlier post.
The tenants had taken DD for 4 months rent and sent by RPAD which i refused. They sent the DD along with Adv's Notice. I received the Notice and deposited the DD and encashed the same. NOw I have sent them notice that they are defaulter in 20 months rent,since eventhough i have collected the 20 months rent, i have not issued receipts for the 20 months. So this can be construed as wilful default to evict them from my premises. How is my calculation, will be help me in good way. Kindly reply me.
