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nlr (na)     27 December 2012

Old tenant not willing to sign new agreement

Tenants of a commercial property are ready to pay a marginal rent increase as requested but are not willing to sign a new agreement stating the same.

What are the pros/cons for me as a landlord and for them as tenants?

Please advise.

Thanks



Learning

 5 Replies

Advocate Rohit (Advocate)     27 December 2012

you may ask the tenant to vacate the premisesin writing if he is not ready to sign new agreement.

you need to write to him that you want the premises for your self use. if the tenant still doesnot vacate the premises then you need to serve a legal notice through an Advocate.
 

Regards,

Advocate Rohit Dalmia

9324538481

Mumbai

Advocate M.Bhadra   27 December 2012

Eviction of tenant is lengthy process of laws,however you can send a Legal Notice to the tenant calling him to quit and vacate the room for your own use,if the tenant would not vacate then file a Suit for Eviction of Tenant in Civil Court for reasonable requirement ground.

nlr (na)     27 December 2012

Rents are currently within rent control limits but newer negotiated rents will get them on the other side toTP Act. I don't really want them to vacate if they agree to pay me better. Property tax rates are escalating and as an owner, I'm finding it difficult to pay.

Another problem is the old agreements are on a firm's name and the tenants keep changing partnership members. In my newer agreements , I'm mentioning sole individual as tenant.

I know eviction is a long drawn process, not ready to get into it right now.

I've heard that not having a written agreement means it's a month to month agreement. Is this right?

 

Bharatkumar (ADVOCATE )     27 December 2012

If u make old agreement and as per condition mention in this agreement if tenant is not ready for sign in new agreement (Renual Agreement) u can cancel agreement and as per condition u vacate the premises.

U give one notice for that and vacate the premises.

R.K Nanda (Advocate)     29 January 2013

then ask them to vacate premises.


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