Legal Question in Landlord & Tenant Law in India
Dear Sir,
We are the landlord owning a two floor building.We have a tenant in the ground floor to whom we have leased the ground floor only till 2015. The tenant fixed a reliance tower on our terrace for which they don't pay any rent(2nd floor in not a part of the rent agreement purely owned by landlord only). We gave a objection letter to them to remove the tower as the radiation may be harmful. But the tenant haven't responded to the objection letter and have been using the tower for almost a year. In this case can we break the contract and tell them to vacate. I would also like to know that can we demand any compensation as they did not respect our objection letter and have been using the tower.
4 Answers from Attorneys
01.02.2013
Dear Sir / Madam,
(Gudiyattam, Vellore, Tamil Nadu)
If the Agreement for Leave and License (ALL) includes a clause to the effect that the tenant will not instal or make any additions and alterations in the premises without the prior permission of the lessor in writing, and if the ALL further provides violation of any terms and conditions of the Lease Agreement permits the lessor to terminate the Agreement for violation without giving any notice, you are well within your right to break the contract and tell the tenant to vacate. The only consideration here is whether the structure is in the form of a small dish antenna to receive TV / Internet signal limited to their apartment, which may be overlooked as it is for individual personal use. But if it is a full-fledged reliance tower for mass use commercial transmission of cell phone signals which is harmful, your objection to the same is justified and warranted. You can ask them in writing giving them an ultimatum to remove the tower, else vacate the premises. A proportionate sum of money can be retained from their deposit towards demolition of the tower in the event the lessee fails to do so on vacating the premises.
Regards,
FCA Prashant Chavan
Mumbai
(You can also mail me for any further on-line advice at [email protected])
Contact a lawyer and file eviction suit, the tenant has violated terms of tenancy.
Send him a notice u/s 106 for vacation of your premises and after 15 clear days ,file a petition for possessions and damages against the tenant.......Please check Sanjay Kalra and Associates on the internet to know more about our law firm and the legal services we are rendering for our clients from all over the World.
dear client... need to go throug the lease agreement you have made so that better suggestion can me made . If possible send me the agreement copy at [email protected]
with regards
uttam
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