Tenant in Ahmedabad not evicting the office post 1 month notice (given by email)
I have an office in Ahmedabad. The matter is as follows:
1. A notarized agreement was executed in October 2021 for a 3-year term.
2. The landlord (myself) was responsible for municipal bills and maintenance costs.
3. The agreement included a 5% annual rent increase.
4. There was a one-year lock-in period that expired in October 2022.
5. After the lock-in period, either party could give a one-month notice to terminate the lease.
6. We followed the rent increment for 2 years as per the contract.
7. I requested the tenant to cover municipal bills and maintenance costs as the arrangement was unprofitable for me.
8. The tenant agreed to a rent increase higher than 5% and confirmed this via email.
9. The tenant then frequently requested coverage for various expenses.
10. The tenant reported dampness on the wall and requested repairs, to which I did not respond.
11. The tenant reported a crack in the office glass, and I argued it wasn't there initially and he should cover the cost.
12. A storm in Ahmedabad broke the glass, and the tenant insisted I pay for the repair.
13. I eventually paid for the glass repair and have proof of the transaction.
14. On June 4, 2024, I emailed the tenant to vacate the office by July 4, 2024.
15. Initially, he refused the notice and started demanding money for various reasons:
- He claimed he overpaid rent since October 2023, though he had confirmed the higher rent via email.
- He alleged dampness prevented him from using 1/4 of the office, though he paid full rent for 6+ months until the notice.
- He demanded rent back for the period the glass was broken while we were disputing the repair cost.
The tenant is demanding 90,181 INR to vacate the office and mentioned taking legal action, stating:
"Issue going legal, Solicitors have advised us to intimate the Director General of Police, Gandhinagar for secure possession of the office until a legal decision is taken by the court of law."
As per the agreement, we also have this clause:
In case the Licensee fails to handover the vacant and peaceful possession of the premises to the Licensor upon the expiry or pre mature termination as per this agreement; the Licensor shall be entitled to take over the possession immediately upon the termination of License “as is where is basis”. Upon the Licensee failing to take over or remove his/its belongings the same shall be removed by the Licensor at the completed absolute cost and risk of Licensee and after such removal it shall not be open for the Licensee to raise any claim or dispute with regard to the same
What is my (Landlord) and his (Tenant) stand on this?