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Legal Matters: Landlord Can Enhance Rent, Ask For Eviction
Posted by Pradeep Sadanapalli | April 18, 2008 | 437 views
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Loading ...Keshav’s grandfather leased out the first floor with a three-bed room portion in an independent three-story building in the heart of the city to Bansilal’s grand father during the 1960s. The terms of lease deed speak about the enhancement of rent for every year. But that was only for a paltry amount of five per cent of the monthly rent, which was again ridiculously low — Rs 90 per month. After persuasion, Keshav’s father has secured approval of Bansilal’s father to raise the rent up to Rs 150.
With all those enhancement of five per cent, the rent did not cross the figure of Rs 250. As the area in which the building was located assumed commercial significance, Bansilal sub-leased the twobed room and hall (retaining one room for his computer centre) for a huge rent of Rs 15,000 a month, and did not inform the same to Keshav.
The landlord did not know that the premise was sub-leased and Bansilal was making money every month out of it. After consulting a lawyer, he wanted to initiate legal proceedings to secure the tenant’s eviction. His problem was that the case takes minimum five years and meanwhile the tenant would be enjoying a higher rent and would be paying only a paltry amount to him. Can he ask for eviction and also enhancement of rent till the tenant is affected?
The courts examined the question and answered in the positive. In many cases, tenants pay a low rent and continue living there for a long time. As the tenant took the premises on lease a long time ago and the terms of contract did not envisage proper enhancement of rent in tune with spiralling prices, the landlord might be getting a paltry amount as monthly rent, which is not at all justified. In some cases, it also might happen that the tenant pays around Rs 250 per month for a threebedroom accommodation at a centrally located place in a metropolitan city and does not hesitate to sub-lease the same premises for Rs 10,000 a month. In such cases sub-leasing without authorisation by contract and acceptance by the landlord will be considered a violation of the contract based on which the landlord could demand the eviction of a tenant in a rent control court.
It is a known fact that the rent control case comes up for trial after a long time, enhancing the sufferings of the landlord. Not only because the laws and courts favour the tenant, but also because there is a usual delay due to pendency of litigations, the landlord might be destined to suffer a long ordeal of trial and also will be denied the justifiable amount of rent.
A similar question arose in Mohammed Makbul Ali v Gausuddeen Sarif 1970 RCR (Rent Control Cases) 441 (Orissa), also reported in 1970 Rent Control Journal RCJ 430, wherein relief of enhancement of rent until eviction takes effect was held and it was not inconsistent with the other relief for eviction, and both the reliefs could be simultaneously granted. Asking for enhancement of rent does not mean and should not be construed as acceptance to continuance of the lease, especially when it is being specifically mentioned. The notice and petition should contain a clear term requesting eviction and enhancement of rent until eviction. The petitioners should check whether such a point was made with sufficient clarity or not.
Hence Keshav can unhesitatingly sue the tenant both for eviction and also for enhancement of rent till the date of eviction. Right to possession and right to fair rent are recognised rights of the landlord.
SOURCES:
Deccan Chronicle
Topics: Property Matters, The Facts |
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