Owner cannot ask you to vacate flat during lock in period
2) inform the owner that agreement has lock in clause of 6 months and you shall not be vacating the flat at present
Owner asking for vacating the flat in lock in period
Hi, I went in for a flat rental agreement on 26th February, 2017 with a clause which clearly mentions a lock in period of 6 months and as per my understanding if i have not done anything wrong and i am paying my rent on time then the owner cannot ask me to vacate the flat but the owner is asking me to vacate the flat within lock in period. I got the flat through a broker and he is not doing anything for this though i gave him one month rent brokerage. I want to know as an indian citizen what right do i have? and can the owner legally ask me to vacate in lock in period? And if he can then what he will have to compensate me? Kindly guide me with this. Waiting for valuable replies. Thanks in advance. Regards Arpit Arora
Asked 8 years ago in Property Law
Religion: Hindu
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5 Answers
Hi Ajay, The owner already knows that there is lock in period of six months and still he is asking me to vacate the flat. Is there anything i can do legally if he forcefully tries to vacate the flat, like a police complain? Thanks & Regards Arpit Arora
Asked 8 years ago
Refuse to vacate
Let the owner file eviction suit
Police would not intervene as it is a civil despite
1. yes ,since the landlord is bound by the terms of the lease as regards the ,lock in period you can rightly refuse to vacate the flat.
2. if you do not vacate the flat before 6 months then the landlord can not seek any legal remedy to make you quit his premises.
3.Since this is out and out a cvil dispute the Police has nothing to do in this and his complaint to police would not give any result at all.
The lock in period clause will be applicable for both the sides.
If the landlord issues a notice to vacate within the lock in period he may have to pay the amount equal to no., of months rent and vis versa.
You may go through the contents of the agreement carefully once again and see if the clause would make the landlord to pay if he is asking you to vacate within the lock in period for any reason.
If there is no such clause then this is a lopsided agreement and not maintainable in law.
Actually, the owner cannot ask you to vacate the premises for any reason to his convenience other than the reasons mentioned in the agreement and that too it should be reasonable or it should be breach of conditions of the rental agreement.
You may refuse to vacate and challenge his case in the court accordingly.
The owner already knows that there is lock in period of six months and still he is asking me to vacate the flat. Is there anything i can do legally if he forcefully tries to vacate the flat, like a police complain?
The police will not entertain any such civil cases.
You can aproach a civil court with a permanent injunction suit seeking to restrain the landlord from evicting you forcibly from the tenanted premises other than by due process of law.
This would put a break to his movements and the landlord may not be able to defend himself especially when the rental agreement is in force and you have been paying the monthly rent regularly without any default.