What to do if lessor destroyed the premises let out? If my landlord destroys the premises let out deliberately to remove me from the place, in that situation what would be my legal action? I am very afraid that the lessor will destroy the shops which have let out after building by the lessee. This question is the follow up of my previous question. I am asking this question because there is high probability that the lessor may destroy the shops. His son has made an agreement with a local builder for erecting a shopping complex. Presently the property became worthy after development of some residential apartment in the vicinity. The lessor’s son has a plan to eliminate me from the land and enter into an agreement with builders to avail the maximum profit and regular monthly income. Hence, he is pressurizing me to leave the shop.
Asked from: Bihar
If the premises are destroyed by the act of the lessor, the lessee has the option to declare the lease void and also claim compensation. It is, however, a settled principle of law that both the structure and the land form a composite part of the lease. Therefore, the lessee can retain possession of the land. The destruction of the structure does not automatically render the lease void, nor does it terminate the legal relationship between the lessor and the lessee.
If the premises or structure are destroyed to the extent that they become unfit for the purpose for which they were let out, the lessee is still bound to pay rent. In such circumstances, retaining possession after the destruction of the structure may be detrimental to you, as you would continue to be liable to pay rent to the lessor.
Under Section 108(B)(e) of the Transfer of Property Act, you have the option to declare the lease void. Upon exercising this option, you will no longer be liable to pay rent and will also be entitled to claim compensation.
In accordance with the settled principle of law, after the destruction of the shops, as a lessee, you cannot erect new structures without the written permission of the lessor. If the lessor is responsible for the destruction, it is unlikely that such permission will be granted. Therefore, to avoid rent liability and to recover the loss caused by the lessor’s unlawful act, you may claim compensation and also declare the lease void.
What to do if lessor destroyed the premises let out? In such a situation, you should exercise your right under Section 108(B)(e) of the Transfer of Property Act. The above action would constitute the appropriate legal action by the lessee against the lessor.