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Tenant not giving rent nor vacating property case in court what to do
05-Sep-2023 (In Landlord/Tenant Law)
The 11 months agreement with tenant has expired on 07-11-2016 and we have not renewed it further. But tenant has not vacated the house .He was paying rent of 9450/- p m as per terms of rent agreement after Jan '2017 he has not paid any rent till now. We are planning to file civil suit for eviction of tenant for which we have sent legal notice to him on 4-9-2017.I want to know that during pendency of case can we request court that tenant to pay rent at prevailing fair market rate with 10% increase every year as rent which he was paying during agreement period was low..Also how prevailing fair market rate is calculated?
Good evening sir, Rajasthan rent control act provides increase of rent at the rate of 5% per annum so you cannot request the tribunal to increase rent at any other rate or at fair market rate. The law and procedure regarding default in payment of due rent is very serious so your tenant will not be able to avoid eviction, you just need to follow the procedure as mentioned in relevant provisions. That are giving a legal notice with acknowledgement receipt and you have to mention your bank account numbers and name address of your bank in your legal notice. I ll advice you to mention your bonafide necessity in it. That will improve your case.
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Adv. Feroze Khan
Jodhpur | 25+ Answers
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During pendency of suit you need not to ask money bcose you might have written that our Greement was done on so on so date and after completion of that agreement court automatically order for increased rent.and also after issuing of notice his stay at diputed premises is illegal and that will be decided by court that how much to be decided
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Adv. Raj Kumar Saini
Jhunjhunu | 100+ Answers
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