Sir the owner cannot evict you on this ground for eviction he need to give you notice in written , if then you did not vacate he has to file a eviction suit in the court. In that period of 2-3 months will pass then you can contest the suit can stay in property till the disposal of suit can keep paying rent in court.
Landlord threatening to evict us because of pets
My husband and I have been living in a builder apartment in Gurgaon for 2.5 years. We adopted 4 dogs over the course of a year as we are animal lovers. They are all indies and were previously on the streets. They are harmless and have never caused any nuisance to the neighbors or anyone in the society. We always clean up after them and carry a scooper for all walks. Our rent agreement had expired on 31st March 2018. We have been requesting both the landlord and his caretaker to send us the renewed agreement since before the expiry. They kept reassuring us that they would do it soon. We kept paying our rent every month on time. However a few days ago when we contacted the caretaker to talk to him about a few issues in the house (leakages, dampness and chipped walls) he turned very hostile and started saying how nobody allows 4 dogs on their property and if we want to keep them we should vacate the house. We then said that we should meet and talk. Later he said he would visit the house himself and talk about these issues. He kept saying he would come over for 2 days but didn't show up. This morning he came unannounced and when we asked for the rent agreement, he once again started saying how 4 dogs will not be allowed, we should vacate the house and talk to the owner. We then called the owner who then said the same thing and even gave us a verbal notice saying "Consider this as your eviction notice and leave by the end of august". Now, in the updated agreement, the owner has increased our rent by 1,000 and during a previous telephonic conversation, even asked us to pay the arrears (=Rs.4000) towards increased rent. What can we do in this situation? According to AWBI, none can be evicted simply because they have pets. We don't have the agreement with us. We have asked him to send us a written notice, but we need 2 more months before we can leave. What do we do?
Asked 7 years ago in Property Law
Religion: Hindu
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9 Answers
you can keep pet in your apartment
owner cannot object to pet being kept in apartment
The Animal Welfare Board of India has passed by-laws on keeping pet dogs in apartments. If you are living in a society apartment, you should be aware of these laws and make sure no one harasses you for keeping a pet in your apartment
Rules & By-Laws for pet owners living in society apartments:
Any civic body (Resident Welfare Association – RWA) does not have the right to ban residents from keeping pets in their apartments, not even by getting a majority vote in the society with the help of other tenants or residents.
Any discrimination over size or type of pet breed is not allowed in a housing society.
No ban can be imposed on pet owners due to their dog’s barking habits.
No ban can be imposed on keeping pets in apartments, even after amendment of society bye-laws and regulations.
If a pet owner abide by the municipal laws regarding pets then no society civic body has the right to ban the pets or their owners from the society.
you can also file complaint against owner before consumer forum and seek orders to direct society not to restrain you from keeping pets.
If you have a periodic tenancy agreement, in some circumstances you may able to give a 14-day notice of intention to vacate after receiving a notice to vacate
You can remain in the same house till disposal of the suit.
You don't vacate on pressure.
Let him go to court.
It will take years to get the case disposed.
You may have sufficient time to arrange the new house.
Hi, it is advisable to communicate the same with the landlord ..He has to give you a month prior notice before calling for eviction .. However, If you are require a additional month you can serve him a legal notice for the same ..
1) your rent agreement has expired
2) it is at discretion of landlord to renew agreement
3) you can insist on written notice
4) after expiry of notice period you have to vacate the premises
1. One who adopts stray dogs does the greatest service to the cause of prevention of animal cruelty and also to the constitution.
2. If there was no clause in the original rent agreement which put an embargo on your right to keep pets then your landlord cannot now curtail your right to keep pets and cannot thus maintain an eviction petition on this ground. Keeping a pet dog, per se, is not an act of nuisance.
3. If there is a clause in the original agreement which provides for annual increase in the rent then the landlord can surely increase it but he cannot increase it retrospectively. Hence, the demand of payment of arrears is illegal and should be turned down.
4. The landlord cannot evict you forcibly. He has to file a petition for your eviction in the court. If you apprehend that you may be forcibly removed from the premises then you may file a suit for permanent injunction and seek temporary injunction against him in the same suit. The court can grant ex parte ad interim temporary injunction on the first hearing itself.
Firslty, it is very unfortunate that people are asking to vacate property for pets.
Secondly, what you have been doing is what envisage by Dr. B R Ambedkar in our constitution as directive principles, but no body except people like you comply with it.
Thirdly, but don’t worry now, there has been number of decision by Supreme Court where no one can evict you for having pets.
Fourthly, you may also approach the civil court if you wish to stay there as you have not violated any of the terms of agreement except having pets.
You can consult me in future if wish to for further help on ground level.
You are at a disadvantage here. Since you do not have a valid rent agreement in your favour at the moment, it will be easy for the landlord to evict you.
At the end of the day, the owner gets to decide who resides in his property. I would strongly suggest that you start looking for an alternate accommodation at the earliest, which is also pet friendly, rather than continue in the current property and face possible legal action in the future.
Ideally, he ought to send you a written notice if he does not wish to renew the agreement and for every other decision, however, do not wait for it. He is under no legal obligation to do so after the expiry of the previous rent agreement,
Dear Client,
Don't get worried. Just wait for his written notice. In reply to his written notice, demand two more months to the purpose of getting another house on rent.
