• Shop owner has asked to vacate the shop which I am renting for 26 years

I am renting a shop from 26 years and last month my shop owner has me asked me verbally to vacate the shop as they need it to make it for personnel warehouse. My family life depends upon the shop so I am looking for legal options. I have been paying rent on time during all these years and increasing rent every two years. There is no recent rental agreement and we only had one during first 11 months when we took the shop on rent.
Asked 3 years ago in Property Law
Religion: Hindu

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9 Answers

If you refuse to vacate landlord can file suit for eviction 

 

case would take years to be disposed of 

Ajay Sethi
Advocate, Mumbai
97910 Answers
7942 Consultations

Eviction of tenant in Hyderabadis governed by Telangana  Buildings (Lease, Rent and Eviction) Control Act, under the said Act a tenant can be evicted only on certain grounds like default in payment  of rent, personal requirement for landlord, damage to the property by tenant etc. As long as you are paying rent regularly, landlord  cannot evict you without obtaining an order for eviction from Court of Rent Controller. Personal requirement from landlord  does not include commercial use like warehouse. Ignore his oral demands for eviction, let him issue a notice  for eviction on any of the grounds under the Act than you can reply and seek protection of Court. Even if landlord  succeeds, it will take him years to take possession.

Ravi Shinde
Advocate, Hyderabad
4624 Answers
42 Consultations

If it's tenancy agreement then he needs to file eviction against you. If leave & license then you can't object to it and you need to leave if he pays your security deposit back

Prashant Nayak
Advocate, Mumbai
33158 Answers
216 Consultations

- If you want to continue in the said shop , then on threatening by the owner for vacating , you can restrained him legally after filing a suit for Injunction. 

- Further, if he files a case for eviction before the court on the bonafide ground , then you can contest the case after submitting the proof that this shop is only source of your income. 

- Further, if that owner having some more property , then legally he cannot get vacate order in his behalf. 

Mohammed Shahzad
Advocate, Delhi
14923 Answers
226 Consultations

1. Shop owner is entitled to claim his Shop back for his own personal usage. You are advised to start looking for another shop in the neighborhood .OR. try to negotiate with the Shop Owner, more so specifically since IF matter reaches court, it will be expensive and your chances of winning is practically nil except to prolong court case, since civil court case takes long years to decide.

Keep Smiling .... Hemant Agarwal
Visit: www.chshelpforum.com

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

If you opt so, you may continue as a 'holding over tenant', by paying the rent last agreed. Let the owner move the court for eviction.

Swaminathan Neelakantan
Advocate, Coimbatore
2976 Answers
20 Consultations

Dear client, 

you can send the owner a legal notice demanding the reason on why they want you to vacate. There is a fault for not having an updated rental agreement so on this basis you can approach the court. 

Thank you

 

Anik Miu
Advocate, Bangalore
10508 Answers
122 Consultations

You cannot claim it as a right to remain in the rented premises forever.

You have to vacate the premises one or the other day especially if the landlord instructs you to vacate on expiration of the rental agreement.

You can seek time to vacate and in the meantime can look for some other place to shift your business instead of agitating over it and proceeding legally which will cause you more stress besides loss of time, money and energy due to litigation.

Take a wise decision at a proper time.

 

 

T Kalaiselvan
Advocate, Vellore
88110 Answers
2380 Consultations

Hi, When the owner has ask you to vacate the rented premises you have no other options you need to vacate the rented premises.

Pradeep Bharathipura
Advocate, Bangalore
5617 Answers
338 Consultations

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