Legal Queries

Question:
Dear Sir, I am writing to you to seek advice about eviction of a long term tenant (more than 25 years). I am from Maharashtra. My grandfather rented a shop without any written agreement. At that time the rent was about Rs.25/month. After my Grandfather passed away the rented property got transferred to my father. We are 2 brothers in dire need of financial support. The tenant is only paying a rent of Rs.400/month (the current market rent is around Rs.10,000/month). Sir, is there any possibility of evicting this tenant in the absence of any written agreement and how long will it take to get the shop back by court orders?



Reply:
Dear user,

I believe you are the one who is paying the municipal taxes for the shop and the receipts for these taxes are issued in your name.

If so, you will need to issue a legal notice to the tenant for advance yearly rent of Rs.4,800 + amount of Rs.400 for 'Adhik Mass' and municipal taxes in arrears for all the back years from the date the the shop has been rented. In the Notice you will need to demand the permissible interest @ 15% per annum and threaten with the legal suite for eviction as per Section 15 of the Maharashtra Rent Control Act if the arrears are not cleared in due course.

Simultaneously you will need to approach competent authority in your area for fixing standard rent of your shop since the rent being paid of Rs 400 was an old rent and as per Maharashtra Rent Control Act 1999 the land lords are eligible for claiming standard rent for their rented premises. Also you can be eligible for the difference in the standard rent and the rent you have received so far + the permissible interest thereon. Non-payment of standard rent or permitted increase has to give time of 90 days to tenant to pay the same and only after such, notice has to be issued.

Also you need to check if the tenant has made some permanent changes in the shop and if he has occupied any additional area in front or backside of shop, which will be a good ground for you to threaten him with eviction of rented premises since any permanent change without your written permission will be violation of tenancy agreement.

You will need to prove that you and your family are in need of the rented shop for your own bona fide requirements and need.

Please forward me full and complete facts with history and ask your local lawyers to draft good legal notice and forward me the same for review before issuing it.

Regards

Ibrahim Deshmukh
Legal Consultant
[email protected]
www.law-india.com



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