Questions & Answers
Landlord never sent a rent agreement, now threatening to evict me if I go to RERA
Dear Sir/Madam,
I have rented an industrial property and moved in 2017. All these years, I have been paying rent to the landlord's office, and they have never sent me a rent agreement in advance.
Last year, 2022-2023, they increased the rent by 40%, and I agreed. However, this year, they want to increase the rent by 15% to 20%. They never sent me any notice; just a day before the contract expired, they sent an email.
I had sent them an email two weeks before the expiry date, requesting them to prepare a renewal contract, but they never sent it.
Today, when I spoke to their representative, he informed me that if I go through RERA, the landlord will send an eviction notice and not renew the contract next time.
He asked me to negotiate and accept the increase in rent. Whereas I have occupied the property for the last 6 years.
Kindly advise my rights!
Dear Questioner,
Good day!
Please be informed that you can continue in the property on the existing rent amount if the landlord did not comply with the 90 days notice (irrespective of the RERA rental index and market rate).
Regarding eviction, the landlord can evict a tenant if the property needs to be demolished/renovated (as ratified by the relevant authority) or the landlord wishes to sell or occupy the property for self-use.
In all such cases, the landlord needs to send the tenant 12 months' notice.
For further assistance, kindly contact us via phone or email.
Best Regards,
Hi
Pursuant to your query the landlord should notify you in writing at least 90 days before the expiry of the contract.
Since he failed to do so, you can refuse to the rental increase.
Moreover, the rental increase should be in accordance with the RERA index which you can find out from the Land Department. So, it is advisable to file a complaint with the land department.
1) The rent increase must be legal and in accordance with the indicators of the Regulatory Authority.
2) Notice of rent increase must be given 90 days prior to the end of the contract.
3) The notice of eviction must be 12 months prior to the date of eviction, and the notification shall be through the notary public or registered mail.
4) The eviction must be for a strong reason, and not because of a disagreement over the rent increase.
