manojlandlord tenant disputes

[manoj kr jain]

sir , we have purchased one landed property ,demised building in the muncipility area in kharagpur town , country - india, state- west bengal
district - paschim medinipore, -- we deposited a Deed , at the registerar office but the deed is not been finalised yet ,
2 no of tenant is occupied 100- each sq,ft, area in front of the demised building from the last 11-15 years . and they are paying a vert minor amount as rent , no receipt nothing is to be paid by previous landlord ,
now we do not want to accept them as a tenant nor we want to take such minor amount ,
as no document ,nor there is any tenancy agreement &even there is no electric in their name
in fact we want to evict them clearly
i requested to let me know the ways to evict them in a sort time
& is there any fear of preampetory right .
the occupier had sent the dues rent by money order to the previous landlord but he refused -------- the occupier knows that we are the new laldlord but inspite of that they are nor sending any due rents nor they are making any contact with us, now they are spreading remours that they are going to purchase that property by showing their preampatory reight , please suggest the ways, thank you, manoj

[OHlandlord]

You have a couple of problems that need to be addresssed in order.

First is the problem with the deed. Why is the registrar not recording the deed? Is there a problem with it? Was it written incorrectly? Is there a fee to pay for it to be registered? Or are they just extraordinarily busy in his office? Without this, you do not officially own the property. Or at least, you are not the owner on record for it. Go to the registrar's office and find out what the problem is there and solve this immediately. Get it registered. You cannot address the tenants without having this done first.

Next, are these residential tenants (living quarters) or commercial tenants (businesses)? Laws are different for each. Regardless, without a written agreement, you should be able to terminate the verbal agreement with the tenants by giving them notice. May I ask why you do not want them as tenants? Is it just that they are not paying a market rate for rent? If so, give them notice that you are raising their rents to an appropriate market rate. Have they violated the laws or ordinances in some way? Are the tenants undesirable? More info is needed please. And please attempt to look up the local laws and ordinances on the type of tenant you have (residential or commercial) as these laws vary widely between types of tenants and in each area of the world. Then repost here.

[manoj kr jain]

Originally Posted by OHlandlord

You have a couple of problems that need to be addresssed in order.

First is the problem with the deed. Why is the registrar not recording the deed? Is there a problem with it? Was it written incorrectly? Is there a fee to pay for it to be registered? Or are they just extraordinarily busy in his office? Without this, you do not officially own the property. Or at least, you are not the owner on record for it. Go to the registrar's office and find out what the problem is there and solve this immediately. Get it registered. You cannot address the tenants without having this done first.

Next, are these residential tenants (living quarters) or commercial tenants (businesses)? Laws are different for each. Regardless, without a written agreement, you should be able to terminate the verbal agreement with the tenants by giving them notice. May I ask why you do not want them as tenants? Is it just that they are not paying a market rate for rent? If so, give them notice that you are raising their rents to an appropriate market rate. Have they violated the laws or ordinances in some way? Are the tenants undesirable? More info is needed please. And please attempt to look up the local laws and ordinances on the type of tenant you have (residential or commercial) as these laws vary widely between types of tenants and in each area of the world. Then repost here.

more information----the valuation of the property is not been completed that is why the registry is not been completed, that we will do in a couple of days, 2- that the tenant is doing a business in the occupied area so we want to evict them clearly after completion of the registry by giving a notice, so what is the careful procedure to evict them as quickly ,
recently i came to know that they deposit the dues rent at the rent control office in the name of the previous landlord &he is summoned to appear at the ld, s.d.o. court, so please suggest our step as a new landlordas now we decided to evict them any how ,please suggest , thank you, manoj

[manoj kr jain]

please this is urgent , so quick reply to this, thank you.

[OHlandlord]

Since this is a business, it falls under commercial rental laws. Most areas of the US have few or no commercial rental laws. What is listed in their lease is what the law is considered to be. Are you absolutely sure they have no written lease with the previous landlord/owner? If they do, you must honor that lease until it ends.

Why are they doing rent withholding by depositing the rent with the clerk of court? Did the former owner fail to make needed repairs? Why is he being summoned to court? And when is his hearing (perhaps you should attend?) (And why are they still making rent payments out to him if they are aware that you are the new owner? Have you sent them written notice that you are the new owners and given tham an address to make their rent payments? If not, do so.) You need to know this to see what the problem is with the rental. This may complicate things where an eviction is concerned. You may not be able to evict if the unit has unrepaired issues and they are doing rent withholding. To attempt to evict under those circumstances could be considered retailiation and would be illegal. Go talk to the clerk or an office staff and find out what the problem is and what the summons is about. If they are alledging a problem with the property, you (as the new owner) may be forced to repair it before you may try to evict. You may further be denied the right to evict for a period of time after the repairs are made. Please check on this immediately.

So you have 2 tasks that you must attend to (actually 3) before you can even consider an eviction action against them. First you need to be sure the property is registered so you are listed a s the owner in the eyes of the government. Second, you need to investigate the problems with the rent withholding and the summons to court of the former owner. (You may be subject to rent withholding as well as long as there are unresolved repairs needed at the property.) Third, you need to check on any commercial rental laws in your area and see if commercial tenants have the right to claim first right to rent (pre-emptory rights). Many places these rights are only aforded to residential tenants, but you do need to go look up the local laws at the courthouse. Please advice us of what you find out. You can take no further action until these items are taken care of.

[manoj kr jain]

Originally Posted by OHlandlord

Since this is a business, it falls under commercial rental laws. Most areas of the US have few or no commercial rental laws. What is listed in their lease is what the law is considered to be. Are you absolutely sure they have no written lease with the previous landlord/owner? If they do, you must honor that lease until it ends.

Why are they doing rent withholding by depositing the rent with the clerk of court? Did the former owner fail to make needed repairs? Why is he being summoned to court? And when is his hearing (perhaps you should attend?) (And why are they still making rent payments out to him if they are aware that you are the new owner? Have you sent them written notice that you are the new owners and given tham an address to make their rent payments? If not, do so.) You need to know this to see what the problem is with the rental. This may complicate things where an eviction is concerned. You may not be able to evict if the unit has unrepaired issues and they are doing rent withholding. To attempt to evict under those circumstances could be considered retailiation and would be illegal. Go talk to the clerk or an office staff and find out what the problem is and what the summons is about. If they are alledging a problem with the property, you (as the new owner) may be forced to repair it before you may try to evict. You may further be denied the right to evict for a period of time after the repairs are made. Please check on this immediately.

So you have 2 tasks that you must attend to (actually 3) before you can even consider an eviction action against them. First you need to be sure the property is registered so you are listed a s the owner in the eyes of the government. Second, you need to investigate the problems with the rent withholding and the summons to court of the former owner. (You may be subject to rent withholding as well as long as there are unresolved repairs needed at the property.) Third, you need to check on any commercial rental laws in your area and see if commercial tenants have the right to claim first right to rent (pre-emptory rights). Many places these rights are only aforded to residential tenants, but you do need to go look up the local laws at the courthouse. Please advice us of what you find out. You can take no further action until these items are taken care of.

thank you for your reply , do note - that there is no dispute by taking repair, as inspite of knowing they are not giving the rent to us as a new laldlord, because they have the fear that we will not continue with them ,
we are confirmed that there is no written rent deed , and we had note sent them any written notice as because we do not accept them as a tenant. they have this fear that is why they are not making any contact with us,

[manoj kr jain]

Originally Posted by manoj kr jain

thank you for your reply , do note - that there is no dispute by taking repair, as inspite of knowing they are not giving the rent to us as a new laldlord, because they have the fear that we will not continue with them ,
we are confirmed that there is no written rent deed , and we had note sent them any written notice as because we do not accept them as a tenant. they have this fear that is why they are not making any contact with us,

as the tenant , they started this dispute of their own thinking or by consulting their lawyer, because they are in fear that some how they will evict us , because this fear they are taking the help of local party leaders .
as we know that if we suggest them to increase the rentas per the market rate that will be more amount , now they are paying a very minor one , to avoid all this they are not making any contact with us, please suggest thank you

[OHlandlord]

Whether or not you accept them as tenants, you purchased the building with these tenants in place. You have no choice but to acknowledge them. As long as you do not notify them officially that you are the new owner, they can continue to "play dumb", pretending not to know that you are the owner, and refusing to make contact with you.

You must notify them in writing that you purchased the building on xx/xx/xx date from former owner, Mr. XXXX XXXX. Write a letter to them that states this and gives them your name and address as the owner. Specify in it that all rent payments must be made to you at this address on the xth day of the month as usual. If they have failed to make a required rent payment to you that should have been made since you bought the building, make sure you note this in that letter also. Something to the effect that "As the new owners, we should have received your rent payment of $XXX on xx/xx/xx date. To date we have received no rents from you and you are currently in default for non-payment." This will force them to make contact with you. In the US, we would send such a letter certified mail, return receipt requested. Please send this letter in such a way that you can prove they received and signed for this letter.

May I ask why you are so adamanet not to keep this business as a tenant? You could raise the rent to market rate with appropriate notice and make the amount of money that one would expect on this building. Or do you need this building for your own business? Please check on the commercial rental laws there, as I have stated. See why the former owner is being called to court by these people. (There must be something there you don't know about!!!) If this continues, you may want to consult a local attorney who deals with commercial tenants and landlords.

[manoj kr jain]

Originally Posted by OHlandlord

Whether or not you accept them as tenants, you purchased the building with these tenants in place. You have no choice but to acknowledge them. As long as you do not notify them officially that you are the new owner, they can continue to "play dumb", pretending not to know that you are the owner, and refusing to make contact with you.

You must notify them in writing that you purchased the building on xx/xx/xx date from former owner, Mr. XXXX XXXX. Write a letter to them that states this and gives them your name and address as the owner. Specify in it that all rent payments must be made to you at this address on the xth day of the month as usual. If they have failed to make a required rent payment to you that should have been made since you bought the building, make sure you note this in that letter also. Something to the effect that "As the new owners, we should have received your rent payment of $XXX on xx/xx/xx date. To date we have received no rents from you and you are currently in default for non-payment." This will force them to make contact with you. In the US, we would send such a letter certified mail, return receipt requested. Please send this letter in such a way that you can prove they received and signed for this letter.

May I ask why you are so adamanet not to keep this business as a tenant? You could raise the rent to market rate with appropriate notice and make the amount of money that one would expect on this building. Or do you need this building for your own business? Please check on the commercial rental laws there, as I have stated. See why the former owner is being called to court by these people. (There must be something there you don't know about!!!) If this continues, you may want to consult a local attorney who deals with commercial tenants and landlords.

thank you for the valuable suggession , the current situation is - the date is fixed 10/03/08 for filling show cause by the previous LL. one advocate suggested to - first to finalise the registry & we will move before the s D O court that due to non payment of stamp duty the registration is delayed but now we are the new LL , we move in the court that the previous LL is not accepted the rent as because the tenant used to pay - 2000/- p/m as rent but the amount they remmit is only 200/- p/m. they did not remmit the amount as agreed upon , in fact there is no document to prove the rent as paid by them , because no receipt is issued to them just in black &white. they sent the rent with ulterior motive on false & frivolious ground &we can evict them by taking the ground of sub-tenancy, as in fact the tenancy is alloted to A verbally but mr A allowed B to occupied the space but there is nothing in written
one more question that the date is fixed 10/03/08, if we avoid to appear in the said date is there any harm to our effect , thank you ,

[OHlandlord]

I can understand not wanting to have to show up in court. But my suggestion would be to attend the hearing. Issues could be raised that you would need to be present to answer. Without you there to answer any questions the judge or magistrate has, he can easily just issue a default judgment against you and for the other party. You do not want to risk this. Show up, even if it doesn't look like you need to be present. Better safe than sorry. Please update us as this situation progresses so we will know the outcome. Good luck.