Permanent injunction
5 years ago
Can a tenant be evicted if he pays rent regularly but not doing business or shop is closed for last 10 years
Advocate
Varun
A.I believe your case will not be within the purview of rent control Act. Check with Delhi advocates.
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A.A tenant of a commercial shop can be evicted even if he does not default on payment of rent in tenancy Laws of many states. Check if the law of tenancy for your state protects him.
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Anonymous
Replied 5 years ago
If there is any any judgement on Delhi rent control I would be obliged
Deepak Yashwantrao Bade
Responded 5 years ago
A.If tenant pay rent regularly but not using place is total discretion on landlord and tenant.if landlord want to use place then he should send legal notice for eviction.
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ROBERT D ROZARIO
Responded 5 years ago
A.Hello Advocate Varun, please know that evicting a commercial tenant who has been regularly paying the rent is difficult unless the landlord want to use the premises for his personal use. Serve a notice on the ground personal requirement by the landlord and file an eviction suit.
Note: As per the SC guidelines, a landlord cannot evict a tenant for at least five years if the tenant has paid the rent regulartly according to the agreement between the two parties. If the rent is too low in comparison to the market rent having being fixed almost 20 to 25 years back then the present market rate should be worked out. Such rent can be increased by 10% every three years and further the tenant shall also pay the property tax etc.
Note: As per the SC guidelines, a landlord cannot evict a tenant for at least five years if the tenant has paid the rent regulartly according to the agreement between the two parties. If the rent is too low in comparison to the market rent having being fixed almost 20 to 25 years back then the present market rate should be worked out. Such rent can be increased by 10% every three years and further the tenant shall also pay the property tax etc.
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Namitabh Kothari
Responded 5 years ago
A.Yes, the tenant can be evicted showing the personal requirement of the premises.
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