Legal Question in Real Estate Law in India

Re: Landlord-tenancy problem

I thank you for your mail and query.

You can choose two options.

One increase the rent by comparable market standards. For this you have go through the process of informing him in writing about the increased rent. He may refuse and then your remedy is to go to the court asking for fixation of fair rent. This may take about a year to 18 months to be settled but you are entitled to the rent to be fixed from the date of filing the the fixation of fair rent application. In otherwords, if the court fixes the rent at Rs.5000/- you are entitled to increase of Rs.1500/- from the time of making the demand. Normally courts allow this increase in rent in favour of Landlord. So this tenent will end up paying lawyers fees, increased rent month after month and at the same time arrears of rent for a significant amount for the period of litigation.

The other alternative is to file an application for eviction for owner's occupation. For this you need to give a notice to him and since you do not say that he is in arrears in paying the rent, this option could take time. I have handled a case for a tenent who is not in arrears for as many as 11 years before he vacated.

Although you have signed no agreement, by law since he is in occupation of your apartment and paying rents to you, he has become a statutory tenent and is entitled to the protection of the Tenancy Law.

We will need to handle this legally through the due process of the court.

Thank you,

N. Ramaswami

Re: Landlord-tenancy problem

First and foremost do not take the law into your hands.

the answer for your questions is as follows:

You cannot increase the rent unless written agreement is there, in your case there is no written agreement with you so do not do it, it will hamper your case and the tenant will sit in your place permanently.

Try contact your lawyer, and explain in detail about your problems and give a correct picture, without hiding anything about the rent he is paying and that you want the place for yourself.

You will have to go the court only there is no option

File a case and evict him. that is the best solution. Do not have any short cut method as he has approached a lawyer, and if you start any problem he will definitely approach the police and you will land in police station.

as far as increasing the rent it is not possible, and once he goes to the court stating that you are asking for higher rent then you cannot under any circumstance will be able to get the house back.

Best is to negotiate and get him out, leave your ego problems and talk to your lawyer and tell him to negotiate and settle the matter as early as possible.

Balasubramanya, Advocate.

Re: Landlord-tenancy problem

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Dear Sir,

You have not stated in your query as to where the property in question is situate. If it is in the State of Andhra Pradesh, your tenent would not be a protected tenant as the monthly rent paid by him is Rs.3,500/-. In case you choose to increase the rent you would have to make out grounds for such enhancement with reference to the period for which the tenant has been in occupation of the premises in question as also the prevailing rent in the area in question for similar accomodation. Since you have not entered into a written lease agreement, you may issue a 15 day notice of termination of the oral tenancy on the basis of grounds that you make out in consultation with a lawyer. Depending on the full set of circumstances and facts of your case a strategy would have to be worked. It would not be advisable for you to take any action like "dumping" things in his room. You would have to follow the due process of law to get your premises back. A great deal would depend on the strategy you formulate in consultation with an Advocate.

Regards,

Bimal.B.Bhaskar