Excess rent hike by landlord - West Bengal

Dear friend,

                     You cannot go to court with dirty hands, thats what the law says. When you have no basis as to how your staying he can simply throw you out of the house, if he goes to court there is nothing you can do about it legally. Though I have no much legal protection to offer you, possibly I can tell you  the dangers that is existing.

1. He can go to court on the complaint of trespass, stating that you are staying in the house beyond the contract period and you have absolutely no defense in this matter.

2. You can in no way go to court as there is no basis at all. Which means you have no LOCUS STANDI because as per law you are not a tenant and even if you prove that it would amount to illegal staying beyond the contract period, again you are in bad position.

3. Even if you prove all the above you cannot prove the excessive rent imposed because there is no documentary evidence to prove the same.

4. But I can assure you one thing that the Landlord cannot use police force as the Supreme Court has recently ruled that matters relating to rent , occupancy, landlord and tenant should not be dealt in the police station. But as you itself have said that he is quite rich, he might get over the law.

         The best thing for you to do now is to negotiate with landlord for Rs.4000 but if he still insists on Rs.5000, it is best you re-locate rather than going to court and spending money and time and also earn the wrath of the landlord.

Best wishes,

Deepak Varma

well theoritically what Deepak is telling is right but in practice law gives protection to tenants.

You can not be thrown out, police will not come in picture. File a civil suit and you will get relief.

Your landlord cannot evict you  from your flat leglly. If the aea where u resides is governed by the Rent Control Act, he can evict evict u only  by the order of the Rent Control Act. 11 months agreement does not have much legal validity. If necessary u can move  the Court for  an Injeunction  that  you cannot be evicted by the landlord forcibly other than by Court order. You may consult a lawyer in your area who will guide u properly i  this matter.

Unnikrishnan Virginia, US, (A practicing lawyer in Kerala now in US on a visit.)

I know its easy for him to proof that I'm staying here over contract period. I 4 months ago he asked me 4000/- when I somehow going to agree to that amount he change his word to 4500/- now on last saturday he asked for 5000/- . This man can't keep his own word. I've recording of his phone conversation with me about rent increament matter. But it may not be work as proof as flat is on his daughter name so legally he is not owner can't be deal legally. I am not saying Police will throw of out legally but as he has his contacts in Police station so he can use them illegally by bribe them. Right now I'm not in position (financially) to relocate. I just want somehow to stay just 1 more year only to arrange everything.

I meant using police as use them illegally as goon.

One more question:

 What if I go to court and he get furious over me with all this and cut electricity & water. I pay Electricity Bill (Flat & Meter both is on his Daughter name) only using credit card online over internet every month so I can proof it by obtain Bank CC statement.

 

Dont worry too much as to what he will do when u go  to the court for a suit of prohibitory injunction. If u apprehend  that  he will  disconnect   ur  electricity and water conneation, u  can also  seek  courts intervention for restraining from doing  such illegal  actions  You will to find out  a good and sincere  lawyer to  handle your  problems.

Mr. Gungun

I am not an legal expert, but still my experience suggests, that if you need it for 1 more year then its best to pay him after due negotiation the amount that is agreed upon. It seems you are ready for 4000/- he demands 5000/- so diffrence for whole year is about 12000/-. I feel if you go to some expert lawyer, or you've to make follow ups for getting your light connection back, or water connection, i think cost you will be bearing will be more or less same if not higher. Put aside your time and energy wasted. 

Make him feel that he is losing a good tenant.