Bengaluru | 06 Aug, 2022 (1 month, 4 weeks ago)

Property Law

Recover rent from tenants staying for more than 15 years without paying rent

My father had given a building for known people for stay / running an educational institution more than 15years ago. It might have been a verbal agreement I don't know. I lost my father last year due to illness and this matter was not discussed with me in detail. Tenants are successfully running the institute till now. So I now approached the tenants to pay rent hence forth but they refused to talk and tried to block all my communications with them. Since I own the land upon which the building is built I have now sent a legal notice of eviction if they don't pay the total rent till date accounting from last 15 years. Now the tenants claim there was a verbal agreement with my father and he had allowed them to stay without any rent. How can I proceed further? Is it good to challenge them in court ? I don't know what other documents they have to prove their narrative. My lawyer says it is better to solve the issue by discussion without going to court. But I doubt the tenets would pay up the sum now accounting to more than 50L without any external pressure or law intervention. And any suggestions on court fee or exemption available as the compensation / rent money I am asking from ten
Answers
08 Aug, 2022 | 10:30

There are two aspects involved here.
1. Can you claim rent for last 15 years: it might be difficult to prove, that there was oral agreement to stay with/out rent. However, if ever, the institution paid any amount/transferred some amount, then you can show that they were supposed to pay. or can check if any communication from your father's phone to any of the parties, etc to see if any discussion on rent took place.

2. Can you from today claim rent: Yes, you can. you being the new owner of the house, can make a new agreement and charge them rent or else ask them to vacate the premises. Either ways.
So contact them for new rent agreement. If they deny, then send them eviction notice and then the legal course.

For further queries, you can contact me at shradhaagrawal@vplegal.in


Shradha Agrawal 09 Aug, 2022 | 11:33

your second query is dependent on the first. If no rent agreed then you can't claim rent retrospectively. You can enter into fresh rent agreement and ask for rent prospectively

Shradha Agrawal 09 Aug, 2022 | 11:29

See if similar payments were made every year in your Late father's account. If similar patterns over the years, then can suggest it was towards rent. But do check if it could be towards maintenance charges or electricity or what could possibly be 'miscellaneous''

Asker 08 Aug, 2022 | 21:42

Thank you so much for clear response. Yes, last year few employees have made a few thousands deposit through bank in my name as miscellaneous not specifically as rent. Can I prove that was meant for rent ? Also, If they choose to move out now, are they compelled to pay up the rent until now ? or will they simply move out

07 Aug, 2022 | 10:35

Sir, I'll provide you certain legal suggestions, but for that i need to ask certain questions from you. For any further assistance, feel free to contact me on my e-mail "shubhampabbiadv@gmail.com"

regards,
Shubham Pabbi & Associates


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