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Santhosh N   03 January 2025

Rental agreement for the commercial space.

Husband made the agreement by himself on his wife name as second party(tenant) and first party on my mother's name(owner of the building). Taken the ground floor shop for rent for running the Pradhan Mantri Janaushadhi medical shop. After signing from the owner end i.e., is my mother, he said will get sign from the wife and give the copy of it. 

After that he didn't give me the copy of it. Now he is telling I had given already, but I am saying I didn't receive from him(son of the owner).

Now he is telling I lost it an submitted to the Pharmaceuticals & Medical Devices Bureau of India(PMBI) and not having a single copy. So requested PMBI to get the copy of the rental agreement. 

Here we can observe that tenant is lying to give the agreement keeping it and simply telling that requested to PMBI. So in this case is it possible to cancel the rental agreement and vacate the tenanat. As he is creating problem to other tenants keeping the name board in such a way that other shops of my building is not visible and creating problems to everyone and saying that I am doing public service.

I am tired of handling all these. So, please kindly suggest me what can be done for the following:-

1. Need to put his board so that everyone shops of my building is visible to customers.
2. Getting the rental agreement.



Learning

 3 Replies

T. Kalaiselvan, Advocate (Advocate)     04 January 2025

You can issue a legal notice to the tenant to reduce the size of the board and to adhere by the terms of the agreement.

Common clauses in commercial leases include the requirement that signs must be approved in advance by the landlord and permit the landlord to take down any offending advertisement or sign that it has not approved.

Rent control act regulates the rules of letting out a property and ensures that neither the landlords nor the tenants' rights are exploited by the other.

Dr. J C Vashista (Advocate )     04 January 2025

 

Issue legal notice to reduce size of the board, which should be comesurating to the size of the shop.

Whether the rent agreement is registered, notarised or none of them and for how much period / rate of rent to ascertain whether State Rent Control Act shall apply or the subject will be governed by the provisions of Transfer of Property Act, 1882 ?

Opening paragraph of the facts posted are confusing as to whether your wife or her mother is the tenant ?

P. Venu (Advocate)     04 January 2025

Yes, the posting is confused and disjointed.

Please respost the facts (not your subjective opiniions and emotional issues).


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