Legal Question in Landlord & Tenant Law in India

Hello ...am a shopkeeper in Andhra pradesh and I took shop on rent from the landlord on Feb 2010 for which I paid advance of Rs 30000/- and rent has been increasing ever year ...at present my rent is Rs 5000/- please note we dont have any kind of written agreement for it nor we maintain any rent payment recipt ect ... Till bow every thing was fine ....but now on jan 2014 my landlord is asking me to vacant the shop because now he himself wants to run the shop ....but i dont want to vacant the shop coz my costumers are fix her ....is there any legal way I can stop my landlord to vacant me the spot ...? Or atleast can I demand him any compensetation amout to pay me to vacant my shop form whear am earning my livelyhood .....as I said i paid an advance of Rs 30000/- but can I demand him more money say as 1-2 lacs to vacant the spot ....please give me some advice soon ......


Asked on 3/17/14, 11:01 am

1 Answer from Attorneys
Fca Prashant Chavan Expert Edge LLP

18.03.2014

Dear Sir / Madam,

No. At the most, you may try to renegotiate the monthly lease charges and try and convince and lure the landlord with an upward revision therein. There is no question of any compensation payable to you by the landlord for vacating the shop. In fact, should you refute handing over vacant possession, you will be deemed as a "trespasser" in the shop, and liable to more stringent action. You should look for an alternate shop on lease and request the landlord to return back your Security Deposit at the time of handing over the keys of the shop to the landlord.

Regards,

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Answered on 3/17/14, 7:26 pm


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