1) landlord has no case on merits
2) inform the landlord that you would be vacating premises after one month that you are not willing to pay any increase in rentals
Back dated increment in rent without agreement.
I have rented a flat, 6 years back. A leave and license agreement was done for period of 11 months during the first year. Afterwards it wasn't renewed. We have transferred rent every month on the decided amount. When landlord didn't ask for increment after 11 months, we increased our rent by a small amount proactively After 3 years landlord asked for backdated increment, according to his whim. We obliged and transferred the pending amount. For the last three years the landlord didn't ask for increment . Now suddenly he is again asking for backdated increment. Only this time the increment is more than what we had anticipated. When we told that increment is more and we are ready to pay according to previous increment, he is adamant and insist and paying what he is asking for. Otherwise he is saying he will send us legal notice for unauthorised occupation. Again there is no agreement in place now. And we had diligently paid rent every month till now. Does he have any basis for legal action. What should be out course of action.
Asked 1 month ago in Property Law
Religion: Hindu
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9 Answers
Yes he can terminate your license if there is no mutual agreement on the increment
It doesn't matter if the written agreement for not made for the renewed terms
The conduct of the parties would show the intention to renew the contract subject to an increment
Now that the parties are not on the same page regarding the increment amount, the owner would be well within his right to terminate the contract and require you to vacate
File a suit under the Maharashtra Rent Control Act against the Landlord for not executing the Agreement and the non-availability of a written contract about the increments.
If the landlord is receiving the monthly rental amount regularly he cannot say that you are unauthorised occupants.
The rental payment establishes the landlord tenant relationship.
You can refuse to budge to his pressure and file a suit for injunction on the basis of oral agreement to restrain him from forcibly evicting you other than by due process of law.
demand of landlord is illogical in asking back dated increament. Agreement can be in writing and also by conduct. You can deposit rent in court also.
- As per law, in the absence of a leave and license agreement , the tenancy will termed as month to month basis.
- Since, there is no agreement now , hence you are not bound to the terms and conditions of an expired agreement.
- Hence, the landlord cannot ask for an increment rent for the compliance of an expired leave and license agreement.
- Further, if you are paying the rent regularly , then your possession cannot be considered as unauthorized.
Dear Client,
In the Present Scenario, the landlord does not seem to be having a valid legal basis for demanding backdated rent increments. Herein, since the leave and license agreement expired after the initial 11 months, and further there was no renewal, your tenancy is seen to be continued on a month-to-month basis, with the same terms unless anything else has been mutually agreed upon. In India, the Rent Control Act typically governs such tenancies. While you raised the rent in the previous years, the landlord cannot demand unreasonable increases without prior agreement for the same. Moreover, the threat of legal action for unauthorized occupation cannot stay as you have been diligently paying rent every month, and no legal eviction notice has been provided for the same. Thus, the landlord's demand for a sudden large increment may not be enforceable unless specifically mentioned in a renewal or agreement. However, it is suggested that you maintain all the required documentation and you may also request for a written agreement to clarify the terms of the continued tenancy.
Hope you find this answer beneficial for resolving the dispute.
If you contest the case the lost you can do is to avoid the earlier increased rent to be paid to landlord. But you will be evicted as it’s his right to continue or not with you/ if you have any other option then you can contest the case else you can pay the market rent to him
