Asked September 15, 2016

Can I be forced to resume tenancy

  • 1 Answer

If I don't give my late Tenant's sons a shop, Do they have right to take me to court for a shop after I renovate, or can I give this shop on rent to anyone else? I am renovating my house, actually I am destroying the whole building and constructing from scratch. I told my late tenant's sons to evacuate the shop, and they are evacuating it. And they ask me to give them the shop after renovation, but I don't want to rent them the shop, Because my actual tenant was their father who died years ago and the contract also expired long time ago. Main reason is, They are not really nice tenants, they filed cases against me, multiple times in the court with false charges and I have won those cases. My question is, Can I give this shop to anyone else than them or do they (my late Tenant's sons) have the right to appeal to the court for the shop. If they do have right to appeal to the court while the case is underway, can I give this place on rent to someone else? Thanks in Advance.

Answer 1

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Saurabh Kumar

Legal heirs of the tenant are also tenants and get all the protection available to the tenant under the Rent Control Act of various states. However, it is the choice of the legal heir if he wants to renew the contract with the landlord and continue to stay.


Usually, the tenant signs a rent agreement with the landlord to occupy the property for a period of 11 months, with an option for periodic renewal. Since the Rent Control Act (which is largely in favour of the tenants) only applies on for lease agreements of at least 12 months, establishing an 11-month agreement helps landlords to take a pre-emptive measure for eviction.


In this case, since they did not renew their deceased father’s lease agreement, and you as the landlord have every right under the Rent Act to choose your tenants especially if the agreement is not renewed. Thus, even if they take you to court, you can cite their non-renewal in your favour, to deny them the tenancy. In other words, you are under no legal obligation to accord them tenancy rights.

Agree Comment 0 Agrees about 5 years ago

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