Shop on rent from 60 yrs
5 years ago
I m having a shop on rent from 60yrs and paying rent time to time...now the old owner is selling shop....what should i do for safe side i have only income source only that shop....if new owner will say to vacate ... Can i demand for money or what...please have a look in to it....thank you
Deepak Yashwantrao Bade
Responded 5 years ago
Pradeep Sharma
Replied 5 years ago
Dear sir thanx for answering here... I want to tell you that there is no rent agreement made ... What to do if i am going to settle home in another city and shop also.. can i demand for sone money from landloard...if yes then how? and The shop is in rent for 60yrs something Thanx sir
ROBERT D ROZARIO
Responded 5 years ago
Pradeep Sharma
Replied 5 years ago
Dear sir thanx for comment,,,,
Sir if new land lord says to vacate shop instantly coz he is former chairman of my city .so i hope they can force us to do so....what to do sir ...should i take stay from court if yes ..plz tell me the process? Thanku sir
ROBERT D ROZARIO
Replied 5 years ago
File a suit for tenancy declaration and get interim injunction order from court restraining the opposite party landlord from forceful eviction. Landlord cannot evict the tenant without the due course of the law. Once you file the civil suit your tenancy is protected and you cannot be evicted. Beside you are protected under the Adverse possession since you have been residing at the said premises for more than 12 years.
ROBERT D ROZARIO
Replied 5 years ago
In the meantime send the rent by money order to the new landlord if he refuses to accept the money order you can deposit the rent with Rent Controller. If you do not pay rent then you will loose your defense of a tenant. Call customer care of Vidhikarya for allotting a lawyer for filing a suit for tenancy declaration and deposit of rent.
Pradeep Sharma
Replied 5 years ago
Thank you sir....
You may approach civil court and get stay order on both the persons. Your rights are as follows;
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Dear Sir,
Ordinarily, if your landlord sells the rental property where you live, your lease doesn't end (or “terminate”). Rather, the buyer of the property becomes your new landlord and must comply with both the length and terms of the existing lease.
Likewise, you remain bound by the lease and must perform all your obligations and duties under it, such as paying rent, keeping the premises clean, and not destroying or damaging the property.
If you don’t pay the rent or otherwise comply with the lease terms, the new landlord is entitled to the same remedies that the old landlord (the property seller) had against you. This means the new owner can try to collect whatever you owe or could begin eviction proceedings, just as the old landlord could have.
Pradeep Sharma
Replied 5 years ago
Dear sir thanx for comment
.....and coz the shop is on rent from last 50yrs so there was no rent agreement and lease agreement made its running on monthly rent paying slip only....nothing else and help me in one thing if new landlord says to vacate the shop...then what should id do as legally ?....thank you
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