• Landlord is demanding evection

We have taken an appartment for rent 4-5 month ago in Ahmedabad, Gujarat; by fulfilling all legal requirement. after 2 months business of my husband has collapsed and we are in a great finacial crises. due to that we are unable to pay the rent to our landloard there were irragularity in it. after couple of months my husband told our landloard verbaly that we will not leve the apt by next month. it was mutually decided that he should cover the pending from given deposite. but as still we are in great trouble of finance we havent found any place where we can stay and our lanloard is calling and massaging me daily mentioning that deposite is over and demanding rent if we want to live after competion of allowed duration. he called me to vacant the place andwas asking till when we can give it him back but even we dont know where we can manage the money then how can we answer him in written?

he send his broker, his friend/relative for the same reason and doing mental touture to us. how and where can we go if we dont have the money? how can the law helps me in this situation. I can not lower-down my lifestyle. landloard is threatened us for legal procedure and he is having all recording and all. we never gave him in written that we will quit living here not he has given me in written that he want. accoridng to me there is nt any eveidance
Asked 7 years ago in Property Law
Religion: Hindu

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13 Answers

Dear Mam,

See you cannot forcefully occupy any premises as land lord has right to his rent when premises is occupied the land lord can issue you legal notice and on issuance in prescribed period you have to vacate premises and make alternate arrangement.

Also in case you donot leave premises there can be an eviction suit agaisnt you and before giving you any relief the court shall ask you to pay rent arrears or evict.

You cannot take this for granted and not law as landlord has equal rights and law protects both tenants and landlord

Though you can stretch it by a month or 2 in procedure for which also you will be liable to pay rent in court so it is advisable to settle it with land lord as there are no such laws that you can reside without rent.

No money is no defence as you and your husband are able enough to earn.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

1. I guess your landlord has also posted his query on this platform to which I have replied.

2. Legally if you default in the leave and license terms then you become liable for eviction.

3. Your landlord is entitled to pursue all legal remedies available to him for your eviction and he can also claim mesne profits from you in addition to the rent arrears for locking up his property.

4. Your justification that you do not have the money, is not a legal justification which can afford you any legal protection.

5. It would be better if you peacefully vacate the premises or face legal consequences. Your landlord's legal threats are not unfounded.

6. He can also approach the Police against you.

7. So kindly settle the matter as amicably as possible.

Yusuf Rampurawala
Advocate, Mumbai
7899 Answers
79 Consultations

1. A tenant can reside in the tenanted pismires as long as he is paying the rent. On default of rent for consecutive 3 months the landlord can ask for his ouster and if the tenant refuses to do so the landlord can file a suit for eviction against the tenant.

2. So in other words to eject you from his premises the landlord has only option to file a suit for eviction which takes tie. He can not use any extra judicial measures to evict you forcefully.

3. So you can stay in the property during the pendency of the eviction suit which takes few years of time for complete.

Devajyoti Barman
Advocate, Kolkata
23653 Answers
537 Consultations

Dear Client,

In case of default in paying rent, u have to vacate the apartment. One way out, let him approach the court for eviction, this way you will get some months as court procedure takes time. In between, if u manage the money, can continue the tenancy, by paying due rent.

No other option.

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

1) let landlord issue you legal notice for eviction

2) if you fail to vacate he would file eviction suit

3) eviction suit would take 5 years to be disposed of if you contest the eviction proceedings

Ajay Sethi
Advocate, Mumbai
99776 Answers
8145 Consultations

You are bound to pay landlord the rent due to him. Law will not favour you if you are on wrong side. You need to vacate premises if the owner files for eviction and he may get your other property attached to recover rent due from you. But it may take five years to get you evicted.

It's advisable to ask him two months time to arrange for rent amount to be payable to him. Court will not consider your lifestyle.

The option left to you is.

Send a notice seeking time from the landlord for payment of his dues. And if he files for eviction contest it.

Secondly try to settle matter amicably.

If he has offered you to repay entire deposit amount paid by you then you may well vacate premises.

Swarnarka Chowdhury
Advocate, Mysore
1879 Answers
5 Consultations

Dear client,

Just keep silent If u find any inconvenience just file a petition in the court (in person)

In that u write what the problem facing from ur tenant.

Hemadri Chandrakanth
Advocate, Vijayawada
98 Answers
10 Consultations

Dear,

In rent control act, tenant has limited rights and if tenant fails to pay rent continuously,

then landlord should evict tenant after filing a petition in rent control court, and if he shows

your failure to pay rent, the court should give decision against you.

So in my suggestion any how manage some money and pay to him.

Tarun Agarwal
Advocate, Jaipur
768 Answers
3 Consultations

Non-payment of rent is a valid ground for your landlord to get you evicted from the tenanted premises.

Thus, it is important that you keep paying little something to your landlord once in a while.

Meanwhile, you can continue with your possession upon the tenanted premises.

Having said the above, you need to vacate until there's a eviction order from the Court against you.

Vibhanshu Srivastava
Advocate, Lucknow
9763 Answers
323 Consultations

If you have rented a property then as a tenant you should pay the rent regularly.

You cannot come out with an excuse that you cannot pay the rent since your husband collapsed.

In fact you are not at all a tenant hence you cannot claim any rights though.

The landlord is right in asking you to vacate and deliver vacant possession of the rented premises as you have defaulted in the monthly rental payment.

However, he can serve you a legal notice to vacate and may follow due process of law to evict you by filing an eviction suit.

This process may take some period of time by which you can stabilize yourself and vacate the premises.

T Kalaiselvan
Advocate, Vellore
89978 Answers
2492 Consultations

I am very sorry it is said that your financial turbulence is not the problem of others in case he considers your financial difficulties then it is fine otherwise you need to back at his property as per the terms of the agreement another case he can file an eviction suit to get the property affected along with the legal charges and interest on the overdue amount

Vimlesh Prasad Mishra
Advocate, Lucknow
6851 Answers
23 Consultations

You need to vacate the place as you are not paying the rent. You can't stay there against the will of landlord. He will adjust the unpaid rent in deposit. He will get eviction order from court for the same. It is better you vacate as no law can permit you to stay there without paying the rent.

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

Hi,

You are suggested to send an humble letter regarding your pitiable situation to the owner and ask for sometime to pay all the rent. In the meantime, you are suggested to make arrangements for money and also for alternative accommodation.

Ganesh Singh
Advocate, New Delhi
7169 Answers
16 Consultations

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