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Property on rent from last more than 50 years, eviction related.
Question
We are tenants in a commercial property from last more than 50 years. earlier it was my great grandfather who had taken the premises on rent without any rent agreement however the rent was only Rs. 5 at that time and later on it was increased to Rs. 50 in the year 1980. Now, the landlords have stopped taking the rent from us asking us to increase the rent to the market rate prevalent or they will institute a suit in court showing personal necessity and throw us out. we have recorded their conversation giving us this threat. what if we do not give them the market rent. what can they do?
Answers ( 2 )
If the landlord is not accepting the rent then in that case send the rent amount by way of money order or send a legal notice stating that you are getting advance deposited in your bank, in case u have bank details of the landlord.
Moreover if you have the recording of the threats given to you then in that case if the landlord indeed files a case against you on ground of necessity, the same can be produced in your evidence to show the malafide.
If the market rate is the only issue then it is advisable that you pay the market rate or negotiate a reasonable rate because if the case is filed before the court, chances are the court will fix the market rate to be paid if you continue as a tenant.
You can deposit the rent in the court by moving appropriate application. So on ground of non patmentbot rent they cannot file eviction application. Yes they can file an application for fixing the rent at market rate in court and court have to decide the rent at the market rate and you have to pay the rent as fixed by the court.