- This topic has 44 replies, 18 voices, and was last updated 1 year, 3 months ago by
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UThe 15 year lease expired in November, I sent them multiple hand written letters (and took their acknowledgement/receiving) since 3-4 months before it expired. They just replied by asking for an extra 6 months in every letter.
Now they’re almost up and it doesnt feel like they have found any places yet…
Got a lawyer to send them a legal notice a month ago too but no response for that.
Do i just have to fight a case for 10+ years?
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Uit will take a few years though right? since they can probably just challenge it and bring me to high court?
we wanted to start a business in the building but its looking bleak…
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CIssue an Eviction Notice. Then file an Execution petition in the court having jurisdiction. Then either Lock your property or evict them, with the help of police.
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Edit: Below comment is SOMEWHAT right. My answer is based on the assumption that OP has the decree since he mentioned bank is illegally occupying his/her/their premises.
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I have to add one more thing. Generally, rental agreement with banks have an ARBITRATION clause. All the relevant laws are subject to Arbitration & C act.
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Eviction suit is referred to as Suit for Possession ….. It is to be filed in district court. Rent Tribunal, if it is functional in your state, then it only determines what is to be referred (few things as mentioned in Rent Control Act) by the court.
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Some comment is referring to some Statutory provisions since it is a bank. No such special provisions exist for your situation. Banks are commercial entities and treated accordingly. Hope it helps.-
Uwe already sent them a notice via a lawyer, if we win the district court case can we just evict them? or can they appeal in high court ?
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BThat advice is legally incorrect and dangerous. You cannot file an execution petition unless you already have a court decree of eviction, which can only come after a proper eviction suit. There is no legal provision to lock the property or forcibly evict a tenant using police help without first obtaining such a decree.
Even after a lease expires, the tenant is protected under rent control laws or general tenancy principles, and only a rent control court can order eviction. Any attempt to lock the premises or throw the tenant out without court orders can amount to criminal trespass or illegal eviction, especially considering this is a bank, and the landlord can face legal consequences.
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B> I have to add one more thing. Generally, rental agreement with banks have an ARBITRATION clause. All the relevant laws are subject to Arbitration & C act.
With respect, I would like to clarify that tenancy disputes, particularly those governed by rent control legislation, are not considered arbitrable under Indian law. The Supreme Court has held in multiple cases that when a special law such as a rent control act confers exclusive jurisdiction on specific authorities or courts, those matters cannot be referred to arbitration, even if there is an arbitration clause in the agreement.
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CWith DUE respect
>not considered arbitrableNot true.
>those matters cannot be referred to arbitration, even if there is an arbitration clause
A simple google search would provide you the answer. Adding a link: https://www.livelaw.in/arbitration-cases/disputes-exceeding-rent-control-act-threshold-arbitrable-lease-agreement-includes-arbitration-clause-calcutta-high-court-269377
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Byou should post in Indian real estate subreddit and personal finance India subreddit because many believe renting to gov org is safe
Bring 10 men with support from local MLA and don’t let them open bank
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BLawyer here, based in Delhi. Under rent control laws, expiry of lease alone is generally not a sufficient ground for eviction. In most states in India, especially under rent control laws, tenancy rights are protected even after expiry of lease, unless the tenant is a licensee or the property is specifically exempt from rent control. Even if the lease term is over, the tenant may still be treated as a statutory tenant, and cannot be forcibly evicted without following due process. Courts often treat continued possession after lease expiry as tenancy by holding over, especially if rent is accepted.
That said, your documented notices, their repeated requests for extension, and now silence after the legal notice all help your case. You will need to file an eviction suit, but your grounds should be both your bona fide need and non-renewal of lease. Eviction suits take time, but unlikely it will drag along for 10 years.
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Ui do have a bona fide need, already invested into a business and sent them the photocopy of a cheque making payment for the same.
Also, I dont think rent control UP act applies to PSUs? not sure about that though. Hard to find the correct laws.
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M[https://upawas.up.gov.in/](https://upawas.up.gov.in/)
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QAs a landlord, cut power supply and water and keep renovation board, already you have given multiply notices to vacate .
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ASorry to hijack but if someone sells the property and new owner doesn’t want to continue to rent, can tenants still hold over and refuse to leave even when given due notices?
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BYes, tenants can legally continue in possession even after the property is sold, provided they are lawful tenants and are paying rent. A change in ownership does not automatically terminate the tenancy. The new owner steps into the shoes of the old landlord and must follow due process of law to evict them.
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BIndian legal system sucks. Why the hell does the owner of the property need to prove a bona fide need? I don’t need my property. I just want it empty. Who the hell is the court to order me to give it to someone else if I don’t want to? What a pathetic system. We Indians need to outrage about the right things and outrage so hard it shakes up their sleeping consciences.
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BEveryone who has the capacity to introduce reforms but doesn’t because of apathy and greed, by which i mean the government and judiciary.
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BRent control laws were originally designed to protect vulnerable tenants, especially post-Partition and during housing crises. The intention was never to dispossess owners, but to ensure tenants were not arbitrarily thrown out. Over time, courts have diluted the standard of bona fide need to the point that almost any reasonable assertion by a landlord qualifies. So, I am not really sure to whom the outrage is directed. That said, if someone feels strongly, the right place to channel that is through supporting parties that seek to reform these laws.
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BThe outrage was not just about this but because of the general pitiable condition of everything in this country, especially the legal system. At the very least the years of harassment that happens even if one is right. The delaying tactics that waste money and break people’s will to live. And the lack of political will to introduce major reforms against corruption in police and judiciary. We got used to it but it’s no way to live. So i outrage hoping to direct more people’s anger towards these things.
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BSure. I only stepped in because I believe outrage is most powerful when it is well-directed. Dismantling tenant protections altogether may not be the answer, but speeding up adjudication, curbing abuse of process, and ensuring accountability certainly are.
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BI appreciate your educated responses very much. Such discussions are important. If i had a way to influence those who can amend the laws, i would.
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VHi, I have a question for you, in my case the rent is 50K per month, and both parties have signed the lease (notarized, but not registered) that after the expiry of the lease, until they vacate, they will pay a monthly penalty of Rs. 5 lacs.
Do you think that this clause will stand in court? If challenged?
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BThe UP Tenancy Act, 2021 applies, since it covers all urban tenancies with written agreements. However, because the lease was not registered with the Rent Authority, there may be issues with enforceability. The ₹5 lakh penalty clause is unlikely to be upheld. Courts generally do not enforce excessive penalties and will instead award reasonable compensation based on market rent.
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SSometime I feel what’s the difference between renting out property in india and buying lottery/gamble/betting 😂
Sorry for out of context comment but there is saying in marathi “बळी तो कान पिळी” , loosely translated as only who have power can twist irritants ear. So rather than fighting endless legal battle, bribe some decision to get favorable decision or sell your property to some Bahubali
Or “Better call Saul”
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HNAL,
Firstly, do read your lease document properly and find if there are any clause(s), which deals with situations where any dispute arises and if it prescribes any procedure or appropriate authority where this dispute can be raised to be solved.
Secondly, according to procedure laid down by RBI, shifting of bank location can be done by getting prior approval of RBI, unless bank is to shift to same service area or block. So unless your tenant bank has not been able to get the RBI approval or a location within the same service area or block, it may not be so easy to get them evicted.
For further reading https://m.rbi.org.in//SCRIPTS/BS_ViewMasCirculardetails.aspx?id=9864#48Thirdly, You can file an eviction suit. I may add since you have leased out the property for commercial purposes, it can be treated as a commercial dispute. Thus, it can be taken to a commercial court having jurisdiction and your suit for possession, eviction, mense profit and arrears maybe maintainable there. This would be much faster and better than a civil suit either before a district judge or rent controller.
Disclaimer: This is a genral advice. Do approach a advocate in your city/district for better clarity, since facts and circumstances of a case may vary on case to case basis.
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UNAL. You can go the legal route and you should go for the practical route.
Create ruckus in the branch premises (but don’t use profanity/ physical force, just shout in the air). Create ruckus in their controlling office, again same rules.
Banks care for their image more than anything else. If enough customers are getting unconvinced due to your acts, they will definitely surrender the premises.
Don’t receive any rent from them, send them an offer to renew the lease at an absurd amount. File for eviction.
Bring “potential renters” and sit with them for hours in Branch Head’s cabin asking for a detailed inspection of property (hamper the branch work within legal ways). Disrupt power supply and water supply or sent notices for renovation throughout the premises. Use that in legal proceedings.
I know tha advice falls under legally grey area. So don’t follow the advice blindly. Consult your lawyer and proceed as per their advice AND your judgement.
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