Legal Question in Landlord & Tenant Law in India

I am the landlord of a flat and i have let it out on rent on 1st Oct,2011 as I am working outside the city of my property. Initally an 11 months agreement was made for Rs.5500/- a month and the tenant requested that i mention only Rs.3000/- in the agreement. And he has been paying the Rs.3000/- by cheque and the balance Rs.2500/- by cash as direct deposit in my wife's account. After the 11 months agreement period (the agreement ended on 31 August 2012), I informed that I would like to raise the rent by Rs.500/- to Rs.6000/-. For this the tenant asked me to provide him with a letter stating that I wanted the increase so that the could in turn request his company to provide him the hike. Now he turns around and tells me that he will pay only Rs.3000/ as that is the amount mentioned on the agreement. If this fair? And can the letter that I provided for an increase of rent be considered as a renewal of my agreement? And now I would like to relocate to my flat as I have got a job in my home city. Can I give the present tenant a one month's notice to vacate? And can he disagree tomy request as this is the only property that I have in my hometown. And do I have to prove to him that I have got a job in my hometown? Please help asI am losing rental income for the last 4 months. He also has stopped replying to my phone calls, mobile messages and emails. this creates a fear in me that he is misusing my property as he is avoiding me from visiting it. Is he in the rights to do so? And he is not providing me his new office address and uses my flat address under some company name.

Please advise.

Asked on 7/25/13, 5:52 am

1 Answer from Attorneys

Fca Prashant Chavan Expert Edge LLP
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25.07.2013

Dear Sir,

If the Licensee is telling you that he will pay you total Rs. 3,000/- it is absolutely unfair on the part of the Licensee to be dictating what you should be doing, when in reality it should be the other way around. The Licensee is simply trying to pull a fast one on you and seeing how much you yield to his demands. You cannot afford to take matters easily these days,and get sentimental and emotional. Straightaway show him / her the door. Unless you have entered into a fresh Agreement for Leave and License (ALL) with the Licensee, duly signed by both the parties, the letter of increase in monthly compensation you provided is meaningless and the Licensee will be considered to be a trespasser into your flat, and he / she is liable for immediate eviction. You can give the Licensee a month's notice to find alternative accommodation on humanitarian grounds, and report the matter to the Police if the Licensee does not clear all his / her belongings from your flat by the last day of notice, and handover the keys of the flat back to you. If the Licensee is deliberately avoiding taking your calls, ring him / her from a land-line or another cell number and give him / her a piece of your mind to vacate the flat at any cost.

Regards,

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Answered on 7/25/13, 8:09 am

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