3 years back My father purchased a shop in Thane . By the previous owner the shop was given on leave license basis for 33 months and a period of 10 months was still due for expiry of the leave license period. We therefore allowed the tenant to continue and accepted the rent , duly issuing RENT ACCEPTANCE receipt. After expiry of leave license period of 10 months , we did not enter into any fresh Leave License agreement or any written agreement & we let him continue the occupation and kept on accepting the rent for one & half year . We orally asked him to enhance the rent and he accepted and increased the rent . Two more years passed and we kept on accepting the rent and issued him RENT receipts. We have not entered into any leave license agreement or any written contract etc. There is nothing on papers. Kindly clarify –Now -If we want to the tenant to vacate the shop , what is our legal position ? If the tenant can approach the Govt. under Rent Control Act . ?

Question

3 years back My father purchased a shop in Thane . By the previous owner the shop was given on leave license basis for 33 months and a period of 10 months was still due for expiry of the leave license period. We therefore allowed the tenant to continue and accepted the rent , duly issuing RENT ACCEPTANCE receipt. After expiry of leave license period of 10 months , we did not enter into any fresh Leave License agreement or any written agreement & we let him continue the occupation and kept on accepting the rent for one & half year . We orally asked him to enhance the rent and he accepted and increased the rent . Two more years passed and we kept on accepting the rent and issued him RENT receipts. We have not entered into any leave license agreement or any written contract etc. There is nothing on papers. Kindly clarify –
Now -If we want to the tenant to vacate the shop , what is our legal position ?
If the tenant can approach the Govt. under Rent Control Act . ?

kalpana 1 Answer 336 views
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Answer ( 1 )

  1. instalegal
    0
    2022-02-09T14:49:16+05:30
    Reply

    Even if you have not entered into written contract however the first written contract has been continued with act and conduct of both the parties whereby the rent was enhanced as per the terms of the contract then in such case you can approach the rent authorities with the first written contract and show the relation of tenant and landlord. Approach Rent controller with a rent petition seeking eviction.

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