Anupama 29 October 2018

Pls Help in this situation..

I have given a commercial property on rent with registered rent agreement for 4 years..monthly rent agreed in agreement was 50k per month with a hike of 5 percent annualy..but actual rent verbally agreed was 35k per month first year.

I was taking rent per month as 10k by cheque and 20k in cash and cash increasing as per annual hike.
Agreement also having exit clause of two months and also clause of use and occupation charge of 70k per month to be paid by tenants if tenants refuse to evict premises after agreement tenture gets over..

Now agreement got over and tenants refusing to leave from premises..

what will be the course of action further and how much payment court will direct tenants to pay me till matter is in court..what steps can I take to safeguard me??

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10 Replies

rajuchowdappa 29 October 2018

Mrs. Anupama,

You have to issue legal notice for eviction of the premises to the tenant.

So, if you need any legal assistance for the above case, you can contact me 9980635871.

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Anupama 29 October 2018

Thanks sir.will court allow tenants to continue the tenancy by only depositing cheque of 10k in my account every month..how much rent can I claim thru court..pls reply

Shashi Dhara 29 October 2018

U first issue legal notice to evict premises. If they doesn't evict then u file civil suit for eviction.if they challenge ln court they should have to deposit rent as per agriment till suit closes.

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Anupama 29 October 2018

Thanks Shashi ji...can they prove that rent was only 10k which was the amount they were paying only by cheque.please guide

Shashi Dhara 29 October 2018

Court considers agreement only which is made between both parties.if u prove that he should have to payremaining balance because he hasviolated the agreement.

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Shashi Dhara 29 October 2018

The agreement deed is registered. So it hard to prove by Ur opponents.

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Anupama 29 October 2018

Thanks Shashi Ji

Anupama 29 October 2018

Tenants are also harrassing me by saying that u have received rent as cash and we can put u into income tax troubles..what's the solution to this situation..can they do so?

Shashi Dhara 29 October 2018

It is difficult to provecash transactions.dont worry. If u r filing returns don't care.

Anupama 29 October 2018

Thanks Sir for ur response but u r giving a totally different opinion than which I have recieved earlier in this post...Iam totally confused..does the exit clause or use and occupation amount clause don't hold any credibility??