Legal Question in Landlord & Tenant Law in India

I am a tenant in Chandigarh. I am on a rent of commercial Showroom from last 10 years. Everytime landlord do agreement for 5 years with a increase in rent of 7.5% yearly. My last agreement expired on march 2010. Now he is asking me for a increase of 6000/- directly in rent and yearly 7.5% is going on as it is. when i refused he send me a note from his landlord (no legal stamp of court) that he asked me to vacant the premises on or before march 2010 which is totally wrong. Now he is not taking the rent from me I am paying rent every-time through bank cheque. From April 2010 he is refusing cheques. I can not vacant the premises because its the only source of income for my whole family. And it is not easy to start the business in new location. Suggest me what can I do now. Should I deposit rent in court or wait for his legal action


Asked on 9/27/10, 5:34 am

1 Answer from Attorneys
Vishwa Arya Arya & Co.

Sir, one will have to go through the terms of your rent agreement. If rent agreement is silent as to terms after expiry, then landlord is right in his step in not accepting the rent after termination of agreement in march 2010. It seems that he is considering you an unauthorised occupant. I assume that in the note he must have asked to pay damages if you do not vacate. You may deposit the rent in the court only if the rent control laws are applicable to the property. Otherwise, if there is a term in the agreement giving you a right of renewal @ 7.5 then you may file specific performance seeking directions for executing fresh rent agreement

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Answered on 9/27/10, 6:57 am


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