sir, i had rented out a flat in tamilnadu for 10k/month.. due to some confusion caused by the broker,we had to settle for 10k with the tenant when we initially quote 11k.
we entered into a 11 months lease.. now that the tenant wants to renew the lease..can i revise the rent to 12,500 which is more than the 10-15% revision rate..can the tenant use this as a reason and not vacate the flat?
V M DAHAKE (PROPRIETOR) 14 November 2014
Dear learner,
Please check the agreement. If the agreement is for 11 months, it means new agreement can be on new terms. You can refuse to renew unless market rent is agreed upon. Tenant can not refuse to vacate on this ground. If the agreement is for longer duration, then you are entitled to only permissible increase, as provided in the agreement. Vacation before the period would again be governed by the agreement. If it is silent, it would be at the end of the period, in my opinion.
Further if agreement is not registered, tenant's contention can sustain, if there is any confusion. As a practical view, if tenant is otherwise good, try to negotiate and get the renewal done by way of registered deed, particularly if it is of longer duration.
V M DAHAKE (PROPRIETOR) 15 November 2014
Dear Si If it is of short duration and it is not practical to go for registration, at least get it duly notarized ( with notary register sr. no. etc). In any case, agreement should be in unambiguous terms clearly defining all the key terms.
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