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I am writing to you to seek advice about eviction of a long term tenant (more than 25
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?
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
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.