- This topic has 9 replies, 5 voices, and was last updated 1 year, 2 months ago by
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BHi wise folks, I’m in a bit of a pickle with my property.
I own an office space on the outskirts/suburbs of a tier1 city. We had a rental agreement with our tenant (a small company) that is still good for a couple more years, but due to various reasons we’ve decided that we want to dispose our property to a seller. Our rental agreement has a clause that either party can ask to end the contract at a notice of 4 weeks.
So now, we did try to do exactly that but more generously. We tried to negotiate with the tenant for a few extra months to help facilitate his move out of our space, and help with some rent relaxations for these months. But they’re outrightly refusing to move out, they’ve sent us a counter notice too saying that
1) they had good relations with us, so they are entitled to buying our property from us
2) Are entitled to seeing the entire length of the agreement be completed
3) They’re claiming they’ve spent money equal to the entire value of my property (NOT exaggerating here) and if we try to evict them that would be illegal.
This just seems bonkers IMO. I am really praying, for all the love I have for my country, that the landlord laws aren’t this broken and it shouldn’t be very hard to evict a tenant if it falls within the legally binding agreement.
Spoke with one of the lawyers, who’s claiming we need a VALID clause to end the agreement pre-maturely, and even then those guys could take 2-3 years more if they refuse to move out and continue occupying our space illegally.
So reaching out to all the lawyers here, or folks who’ve gone through this nightmare, please advise on what steps I can take next.
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SWhat kind of rental agreement have you done? A lease? A leave and license?
Send a termination notice stating that as per the terms of the agreement the agreement will be terminated after the notice period on ___ date.
Since it’s an office space, assuming they do business there, inform the same to the GST department and get their GST registration cancelled in that property. A valid rental agreement is mandatory for a GST registration.
If you have done a lease agreement, you can still sell the property. Insert in the sale agreement that the new owners will abide by the terms of the lease. And then later you can make an attornment letter.
I’ll need info regarding the type of agreement which you have made to suggest further remedies.
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BThanks for the suggestions, will definitely intimidate the gst office.
It is a leave and license agreement.So it’s technically 2 office spaces we’ve rented to him, the second one was much more recent and he has defaulted on that and hasn’t paid rent for it ever, in the last 5-6 months. So that one I think we can evict him for defaulting directly.
What are your thoughts on cutting electricity supply too?
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AThat is a pressure tactic.
1. Send legal eviction notice via a registered post through a lawyer to create a paper trail. Need not be a threat. A plain simple notice that as per the rent agreement clauses you are terminating the agreement. The objective here is to create a paper trail.
2. The battel will take 2 to 3 years minimum. Irrespective of what anyone says.
3. For the termination clause what ever is written in the agreement.
4. U have to act fast and ask for rent. The main incentive is no rent.
5. U have to file 2 case.
1. Criminal Case for vacation of Property.
2. Civil case for pending charges if they stop paying rent.
6. Say they spent the money. Was there a written approval by the landlord. Use this same to ask for damages to the property as they did the modification without approval.
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B1. Thanks, have already sent via post but he refuses to accept it. I’m lost on how is that even allowed.
2. That is really, really sad. I was really looking forward to get rid of this mess. Any reason why they’re allowed to drag this out for so long? This is so wrong on so many levels.
5. Love thisz will definitely do that.
6. No written approvals, love this idea too. Will definitely go ahead with this.
3&4 not very sure on what the points mean, but we have 2 agreements and he has defaulted on one of those, by not paying rent for months. So we do have the authority to evict him, although judging by your statements that also might end up taking 2-3 years right?
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