Namaste Sirs We have rented a building in SR Nagar to a gents hostel in Dec 2019. Just 4 months after, the lockdown came and there were no occupants in the hostel and hence the tenant stopped paying rent from March 2020. All the hostel operators have formed an unregistered association and they have requested for a rent free period of the entire lockdown period. Post lockdown the tenants have agreed to pay 50% of the rent. The tenant paid 50% for 2 months and stopped paying the rent stating there are no occupants. The second lock down made things worse for them and the tenants have stopped paying rent completely. Few months back we got to know from other building owners who are neighbours to us that their tenants are paying rents. We have confronted our tenant and we were shocked to know that the building is 80% occupied with guests and hostel is almost full for the last 5 months but our tenant has been misguiding us and took undue advantage of our support and soft corner. Last month we demanded the tenant to vacate and he promised us to clear the dues. Yesterday we have went to check on dues receivable and again we were shocked that the tenant had obtained a Status quo from the court. The tenant is now claiming that he has paid all the rents in cash and he has no balance to be paid. With little homework we are told that there are hundreds of such cases registered between hostel operators and landlords in the twincities approaching the police and police is having soft corners to the Hostel operators than the Land lords. We did not even sign a rental agreement to the tenant fearing such problems, but the court still has issued a status quo basing on Labour license the tenant has obtained on our building. And till date we have not received any official notice about the Status quo from the court. We have verified at the court and the court did give a status quo but we have not received any notification on the same. The tenant is now saying that he will vacate only if we give him the complete advance and he does not want us to deduct the rent receivables even at the 50% rent that we agreed upon. Following are my questions - 1) what clauses can protect a landlord that he can include in a rental agreement that can prevent such misdeeds from happening. 2) Since I have not received the status quo notice, if we force the tenant to vacate will it still be considered as Contempt of court. 3) What is the most effective process to get the status quo vacated and the approx professional fees for a top class lawyer in such cases. Thanking you in Anticipation of a good advice Pramod
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Now just go for his eviction. Don't continue that client. File application for regular rent to be paid to you till his execution
It needs a good agreement to save you from all this and registration for the same. But you can't avoid if the tenant himself is criminal minded.
You need to approach higher court to vacate that order of status quo. Fees varies from lawyer yo lawyer depending their standing in the bar
There is no rental agreement, your relation with tenant will be governed by general law of the land. As there is no agreement and if there is no proof of agreed rent you are free to claim any amount of rent, there are no accepted norms that determine rents.
1) rental agreement should provide that if tenant fails to pay rent on time landlord can terminate the agreement
2) if he fails to vacate inspite of notice wouldbe liable to pay penal rent
3) terminate agreement and file eviction suit against tenant
4) you cannot evict tenant forcibly as it would be contempt of court
5)legal fees vary depending upon lawyer engaged by you
Dear Client,
1. the clauses like name, Limit of area occupied, term of tenancy, rent, deposit and fees, severability clause, Access to premise and Buy out clause.
2. You can complain to court registrar about this but as you get knowledge about the status quo notice you cannot ignore it.
3. You have to file a petition in court for setting aside the status quo notice issued by court for the opposite side under Civil procedure Code.
Thank You
1. You have not entered into a rental agreement at all hence what is the clause that is going to come to yor rescue at this stage.
However it would better you enter appearance in the pending cae through your advocate and file an application to vacate the exparte status quo order and file a counter to get the false case dismissed
2. If you are in the knowledge of court order then you cannot evict the tenant other than by due process of law.
3. The lawyer fee can be enquired from a local lawyer who yo may desire to engage, for the procedure to vacate status quo order, your lawyer can file a petition accordingly.
- A tenant cannot claim for force majeure , if the said agreement not having a clause for the same or even the same is mentioned in the agreement as well.
- As per the order of the Home Ministry which issued under the Disaster Management Act, A landlord should stop from demanding rent from poor workers and migrant laborers for one month. and further strict action against the landlords who force evict their tenants, wherever the workers, including the migrants, are living in rented accommodation.
- Hence, it is clear that, this direction/order would be applied with the poor workers, and migrant labors , and not for all , and a business man cannot claim for the same on the ground of force mejeure.
- Further when a lease is executed, there is a transfer of property. Hence, the lease is governed under the Transfer of Property Act, 1881.
- Further, under Section 108(c)of the Transfer of Property Act. the lessee is put in possession , and it is the duty of the landlord to allow the tenant to continue in possession without interruption, and further the lessee is bound to pay the rent to the lessor at the proper time and place
- Further, Section 108 (e) of the Transfer of Property Act- "If by fire, tempest, or flood or violence of any army or of a mob or other irresistible force any material part of the property be wholly destroyed or rendered substantially and permanently unfit for the purpose for which it was let, the lease shall, at the option of the lessee, be void, etc.
- Since, the present crisis i.e covid-19 has neither destroyed the tenanted premises , and nor the house became permanently unfit for the purposes of occupation., hence even the provisions of Section108 (e) of the Transfer of Property Act are also inapplicable here.
- Hence, a tenant cannot claim on the ground of Covid-19
1. Read above reply
2. You can file an Eviction petition before the court on the ground of non-payment of rent.
3. You can file an application for setting aside the status quo order on the ground of non service of the summon of the court.
