Rakesh (Prop.) 11 March 2011

Landlord Creating big problem

Dear Sir,
I have a query. I need help from you; I am from Dumka, Jharkhand. I have been doing business in rented shop/space for three years. My landlord is also doing a business beside my shop. When I had taken this space for the shop that time my landlord already engaged the business of clothes selling. Now these days he changed the cloth business to hotel, where a “Koyala Bhatti” beside my computer shops, so he is creating a lot of problem for my business. His hotel creates a lot of moisture, pollution etc with tendency to vacant this shop (my shop). I am suffering since last year. Now my business is going to be closed at this situation and I am not able to give him the rent of this 108 sqft space, which is my shop. I told my landlord for this situation whatever he has created, but he does not want to understand at this situation and my business problem. Then he told me that I am a landlord – I can do everything. If you could run your business at this situation then OK otherwise vacant this shop / house, this is your problem.
The shop I took after paying refundable security money 1, 50,000/- rupees. Now landlord wants to terminate the tenancy before the tenure period (which is 13 years and no any increment in rent). I spent very less year (3years) in this rented house. I also spent a lot of money for interior decoration in this space to making a computer showroom. So I don’t want to vacant this shop before the tenancy period. I have no other source of income. So I don’t want to move. I want to stay till the tenure period.
I have formal rent agreement with the landlord, it’s not registered rent agreement.
Sir please advice me how to stay in this house till the tenure period. I am not able go other side with my business. I have no any extra money. Is there any action or rules for this type of landlord.
Sir, please help me and reply me. I am in big trouble.

Thanking You.

Reply Follow

3 Replies

CA VK Dwivedi (Job) 11 March 2011

Dear Rakesh,

in your entire story One of the good point you mentioned is Tenancy Agreement is not registered. Here is the Catch.

Under Registration Act, Any Lease more than 11 months must be registered. If it is not then the Ball is in the court of Tenant, in your case it is you. you can serve a notice to your landlord. Consult a good advocate there. I can see some remedy in your case.

Dwivedi

H. S. Thukral (Lawyer) 11 March 2011

The first thing is that you have to see whether your tenancy is protected one. Rent Control Act which are state's Acts protect certain kind of tenancies based upon rent or period of construction if it is, then you can file a suit for injunction against the landlord from creating nuisance. If the tenancy is not protected the landlord can terminate the tenancyby giving you 15 days notice and file suit for possession, if your relation with the landlord sours further. Since the agreement of lease is not registered the lease after one year shall be considered from month to month which can be terminated by 15 days notice..