Legal Question in Landlord & Tenant Law in India

Dear Sir,

I am staying in Guwahati with my in laws. I have got a problem with my tenant. In 1980, we rented our house to the tenant (then when his father was alive but now his son is occupying the room.) We have not renewed the agreement after 1st Agreement and he is paying just Rs. 1500 for the room but he is still occupying it. After 2008 May we have stopped asking him the rent amount as they r not willing to increase it. I am not aware if he is depositing the money in the court or not. He has given a portion of the room(sub let) to his manager to occupy and both r using my space for their shop's godown. No one stay there as both r staying in their own building with their families in other part of guwahati but they are not willing to vacate it either. They are saying that they will not leave and want a room whenever we thought of constructing apartment or anything of that sort as it is in the commercial area. Question NO. 1: Now can i ask them to leave as now i m not getting anything from the main tenant or the other one also. (The sublet party has not paid me since the time they occupied.They had once said that after constructing their own building they will give the keys to me but it never happened)

Question No. 2: As i had to go and collect the rent from them, i on my own stopped it as they were not willing to increase the rent. Can i get the rent amount anyway?

Question No. 3. Please advice me about the sublet party? How to deal them? Are they paying the rent to the main tenant? I have no idea on this.

Question No. 4: If i ever think of constructing also do i need to give them any room? If they rent my room can they be the owner after some years. Please suggest.

Thank you.


Asked on 10/30/13, 5:11 am

2 Answers from Attorneys
Fca Prashant Chavan Expert Edge LLP

30.10.2013

Dear Sir / Madam,

1. Your tenant is not only not paying you anything for occupying the room, but he has also violated the Tenancy wherein sub-tenancy is not permitted. You should lodge a Police complain for "trespassing" and evict him from your premises immediately.

2. You should evict the tenant so that you can keep another tenant on the prevailing market rental of property in the locality.

3. YES, in all probability the tenant is recovering the entire rent from the party to whom he has sublet the room, which is absolutely illegal.

4. NO, a tenant always remains a tenant and never becomes the Owner. Before developing the property, you should ensure that the tenant is evicted from it.

Regards,

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Answered on 10/30/13, 5:30 am
Rajiv Chandhok Ph: +919810050896 https://www.linkedin.com/in/rajiv-chandok-0827b733/

I would further like to add that you may file a suit for eviction on the basis of bonafide use and I am sure the court will pass an order in your favour as they have other premises of their own. You may drop in a detailed query at [email protected]

To know us better, please click on the links below:

http://www.linkedin.com/pub/rajiv-chandhok/33/7b7/82

http://www.lawguru.com/answers/atty_profile/view_attorney_profile/username#more_info

JSR/301013

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Answered on 10/30/13, 5:49 am


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