• Property rented for more than 40 years without rent agreement. Rights of tenant and landlord.

A case where a house property is located in Gujarat. The property is owned by some charitable trust. The house is rented without any rent agreement for more than 50 years. The rent amount has been very nominal of Rs. 50 per month. The rent hasn't been paid since last 11 year just due to negligence. And now suddenly the owner asks for rent of those 11 years with increase up to Rs. 2500 per month which is unacceptable for the tenant. In such case what are the rights of tenant and property owner. Does property owner has right to collect the amount which was not communicated during those 11 years? What legal advice would you give to tenant? If tenant vacate the property, is he still bound to pay the increased rent? Lastly what things should the tenant take care of while vacating property? Emphasize on legal rights of tenants in this case.
Asked 28 days ago in Property Law
Religion: Hindu

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8 Answers

tenant who has occupied a property for 40 years can still be evicted if they have defaulted on rent payments for a significant period like 11 years, as long as the landlord follows proper legal procedures and proves the willful default in rent payments; the length of tenancy does not automatically grant immunity from eviction for non-payment of rent. 

The landlord needs to provide concrete evidence of the tenant's non-payment of rent over the 11-year period, including rent receipts, notices, and communication records. 

A landlord can technically claim rental arrears for the last 11 years, but due to the limitation period under the law, they can only legally pursue arrears for a specific time frame, usually three years from the date the rent became due that to only the rental amount what had been paid so far and not the enhanced rental amount. ,

The tenant, if being forced to vacate, he can file a suit for permanent injunction against the landlord to restrain him from forcibly evicting the tenant without following the due process of law.  

T Kalaiselvan
Advocate, Vellore
88323 Answers
2388 Consultations

Pay the arrears of rent immediately 

 

Rs 2500 rent claimed is not huge amount 

 

Obtain in writing from landlord that all rents have been paid till date and no money is due and payable to landlord 

Ajay Sethi
Advocate, Mumbai
98121 Answers
7973 Consultations

  1. Tenant's Rights:

    • Protected under rent control laws; eviction is difficult.
    • Landlord can claim only 3 years' rent arrears (₹1800), not 11 years.
    • Arbitrary rent increase is not enforceable without legal notice.

  2. Landlord's Rights:

    • Can demand unpaid rent (last 3 years only).
    • Can increase rent but must follow legal procedures.
    • Can file for eviction if rent is not paid.

  3. Legal Advice for Tenant:


    • Negotiate and pay only 3 years' due rent.

    • Challenge rent hike under rent control laws.
    • If vacating, get a no-dues certificate, document property condition, and formally return possession.
    • If forced eviction occurs, seek legal protection.

Tenant is not liable for increased rent after vacating, but clearing legal dues is advised.

For detailed, personalized advice, consider a phone consultancy. Hope you find the information helpful. You are free to contact me for further discussion. If you could spare two minutes of your time to write a review, it would be greatly appreciated and bring immense happiness to read it. Thank you. Shubham Goyal.

Shubham Goyal
Advocate, Delhi
918 Answers
4 Consultations

The liability to pay rent irrespective of demand of the landlord primarily lies upon the tenant.

Now on failure to pay rent for minimum 3 continuous months is a ground for eviction.

So to secure further tenancy in the property the tenant is to clear the arrears rent.

Devajyoti Barman
Advocate, Kolkata
23455 Answers
529 Consultations

He can pay the rent applicable to him. If he wants to still stay he needs to contest eviction suit if filed against tenant 

Prashant Nayak
Advocate, Mumbai
33307 Answers
219 Consultations

Dear sir/madam, 

First of all, before going in to legal intricacy, it is informed that since the property is on rent/rented, it is ethical and pious duty of tenant to pay rent which is nominal. Now, a few things are to be considered here that why the rent was not paid during these years and why the owner did not remind for the rent or asked to vacate the premises. One most suitable provision to you may be to take the plea of adverse possession and claim the said property in your favour. Do fight strongly and it is quite probable that the property may be in favour of tenant. 

Ganesh Singh
Advocate, New Delhi
6854 Answers
16 Consultations

- As per law, the owner cannot claim rent for more than the period of last 3 years 

- Further , the rent cannot increase from Rs.50 to 2500 p.m. and the tenant has right to stay there after paying the earlier fixed rent. 

- The tenant can take stay from the Court ,so that the owner cannot evict them 

Mohammed Shahzad
Advocate, Delhi
15036 Answers
228 Consultations

the owner is well within its right not only to claim arrears of rent but also any increments

the tenant has got no rights whatsoever

the tenant is a defaulter and is liable to be evicted

i would advise the tenant to pay the arrears of rent alongwith any lawful increment as demanded by the owner

if the tenant vacates the property he is still liable to clear all the dues before handover

legal rights of tenant - NONE!

Yusuf Rampurawala
Advocate, Mumbai
7802 Answers
79 Consultations

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