Hi, We have a property which is in name of my father who passed away 2 years ago. Now my mother is legal heir for that property. We have a tenant who had the renting lease for 9 years. The lease is going to expire in 2024. We recently read the lease agreement and there is no clause in favour of Lessor (my dad) to give notice to vacate. Entire lease in favour of the tenant. There is only one clause which states 'In case the lessor decides to sell, transfer or otherwise dispose of the said premises the same shall be subject to the rights and interest of the Lessee and shall repay the deposit amount paid by the Lessee'.We need to dispose the property for construction. My mother is 76 year old and we cannot wait 2024 to vacate this tenant and get construction done. Without going to court, what options do we have? The tenant stopped paying the rent also saying this is the rule and we need new bilateral agreement in the name of my mum. Tenant want to only to update name and not conditions.
Litigation is long drawn and expensive proposition
2) enter into fresh agreement with tenant
3) register the agreement
4) if he fails to vacate on expiry of agreement file suit for eviction against tenant
5) you cannot force tenant to vacate premises during lease period
You can ask tenant to vacate the premises in the redevelopment ground and show him the terms ond conditions of the agreement. If he do not listen then sent him a legal notice by saying he has to pay till date rent and legal expenses cost.
Thank you Ajay Sir, But we want to demolish the property. Can't we vacate them on that condition? We do not want to go to court as my mother is getting old and demolish and construction itself will take long time. what does this clause mean? 'In case the lessor decides to sell, transfer or otherwise dispose of the said premises the same shall be subject to the rights and interest of the Lessee and shall repay the deposit amount paid by the Lessee'.
You can sell the property and in event of sale of property lessee would continue till expiry of lease and you have to refund the deposit paid by lessee
But we cannot sell the property until we renovate and reconstruct. the property is not in good shape. Hence it need to be demolished completely and reconstruct. we cannot redevelop without demolishing.
Arrive at settlement with tenant
pay x amount to tenant to vacate the premises before expiry of agreement
Dear Sir/Ma'am
In such cases, landlords have the right to ask the tenant o vacate the place if he/she doesn't pay the rent. In your case, you can send the legal notice to the tenant stating the above reason. You also have the right to ask the tenant to vacate the property on the conditions of repair and construction n the property but for some temporary time period. Also, the clause mentioned in the agreement says that " If the landlord wishes to sell, transfer or dispose of the property, it will not be contradictory with the other rights and interests of the tenant and the landlord will have to repay the deposit money to the tenant". This clause allows you to ask the tenant to vacate the place on the grounds mentioned above but since the lease agreement is still valid, the tenant might not agree to the same. And if none of the solutions work for you, settlement can always be considered between the parties. Thank You & Regards
As it is lease how rent arises?
He can be evicted citing construction.
It can be done only through Court of Law.
G.Rajaganapathy
High Court of Madras
Different States have different tenancy laws. In some states law is balanced between tenant and landlord. If the State is known a better advice can be given. But in all states a tenant defaulting on rent is liable to be evicted. It requires visiting Advocate and attending court. If there is friend or relative to take care of that, you can give him special power of attorney and file a suit for eviction of tenant. You can settle with him by making payment but he ask hefty amount. Draft SPA in favor of friend or relative on 100 rupees bondpaper and obtain attestation from Indian consulate there and that SPA of you friend, he will be entitled to take all steps to seek eviction of you tenant. As per your second and third question you don’t want to approach court then pay him whatever he wants and get rid of him that is the only solution. The clause you are relaying on is not in your favor it helps the tenant.
If the property is very old then it will be helpful for you. Kindly take demolish permission from municipal corporation authority or askn them to demolish the property as it will be danger for society.
Kindly provide details of property so I can guide you accordingly.
The lease agreement was entered between the tenant and your deceased father.
The lease agreement is in force till 2024.
If the tenant is not paying the rent to the legal heirs of the deceased owner, then the legal heirs of your deceased father can issue a legal notice to the tenant to vacate the premises for default in rental payment for a period of more than two months.
If your father is reported to have died intestate then the property shall devolve equally on all his legal heirs consisting your mother, yourself and your siblings, if any.
Therefore first get the property transferred to your names and all of you combindely issue a legal notice or anyone of you can issue a legal notice instructing the tenant to vacate the premises for default of rental payments and also for disposing the property.
After that you can file a suit for eviction.
Without going to court you cannot get the desired relief.
Alternately you should have some rowdy elements or anti social elements at your beck nd call to threaten or to throw out the tenant and be ready to face the legal consequences thereon if you do not want to go through the legal process through court of law.
You cannot demolish the property while a tenant is residing in it without vacating him.
Demolition and redevelopment may be a ground for eviction but for that you have to approach court of law.
The clause what you have referred to in your this post states that the disposal or transfer of the property shall be subject to not to harm the interest of the lessee in the property during the currency of his lease agreement.
The lessee should give his consent for the intended action you propose to undertake with regards to this property.
You cannot demolish the property before evicting the tenant.
The tenant cannot be evicted during the subsistence of the lease agreement even on this grounds.
The tenant cannot be legally forced to vacate the rented premise since his interest are protected by the lease agreement he had entered with the landlord.
You may request him to vacate giving the reasons, if he agrees then you can proceed otherwise you may not have any option neither the proposed eviction suit would be maintainable in court of law.