Asked in Property
You just file a suit or miscelleneous application in the court and deposit the rents in the court. Court will issue notice to the landlord. He has to file a suit for eviction with justifiable grounds.
Paying rent is necessary, u send the money order even if he refuse to receive.. Further you should also respect the owner's interest and since the area if getting posh, voluntarily give escalated rent.. if he demand so, consider the same..
He can't evict u easily.. You have to send legal notice and pay rent by money order or bank deposit.. You can file a "due process of law" suit.. for further assistance come for consultation..
The landlord cannot ask you to vacant the premises without any bonafide reason. He has to go to Court and get eviction order against you.
You can also try for mediation. Please have a sound conversation and can make it a win win situation. You can also pay a retainer amount which can be 5 to 10 percent of the profit on a quarterly basis. If it's a lucrative deal then you can get the consent term signed which will be beneficial for both of you and legal battle can be sidelined.
You have to first send the notice then file the suit. Similarly your landlord will also have to send the notice and then file a suit for eviction.
we can file suit for permanent injunction or not? Is there any way for the landlord to compel us to vacate the shop??
You may send a legal notice to your landlord and should show your bona fide needs of the shop. You should also mention in the notice that the landlord is not taking the rent for ulterior motives. Then after the expiry of the notice period you may file appropriate suit in the civil court.
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