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Shop tenant not signing rent agreement

(Querist) 05 March 2013 This query is : Resolved 
Hi,

My father has 3 shops in Uttar Pradesh in his name.

These shops were rented around 20 years back and an agreement was signed at that time. That agreement was never renewed later.

Now we asked the tenants to sign the Rent agreements for 11 months with revised rent and terms and the following events happenned:
1) Tenant 1 signed the agreement and paid the increased rent
2) Tenant 2 refused to sign the agreement but he agreed to increase the rent and paid it
3) Tenant 3 also refused to sign the agreement but he agreed to increase the rent and assured us to pay the same (We haven't signed any agreement with this tenant as this shop was transfererd to the present tenant from the past tenant with whom we had agreement)


Please advise me in this matter as to:
1) How can i make the 2 tenants sign the agreement
2) What options do i have to vacate the shop
3) Since the shops were given on rent 20 years back. What chances do i stand to vacate them legally
ajay sethi (Expert) 05 March 2013
contact a local lawyer . tenant has been paying rent regularly . he has accepted increase in rent . you dont require the shops for your personal use . since these tenants have been in posession for 20 years would be diffcult to vacate them .


you can if you so desire issue legal notice and file suit for eviction to pressurise them to sign agreement
Raj Kumar Makkad (Expert) 06 March 2013
1. Instead of getting the agreement signed, you should issue them notice to vacate your shops within a stipulated period as those are urgently required by you for your own use. Such notice shall definitely bring them under heavy pressure and if you desire to continue them then can do fresh agreement otherwise vacation is the best thing for you.

2. As replied above with filing of Rent petition before Rent Controller.

3. You have 101% chance to get the vacation of your shops if you carefully and wisely persue the litigation.


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