• How soon can my landlord evict me legally?

I am in continuous possession of a flat in Ahmedabad since last 9 years through several renewals of leave and License agreement.

My latest rent agreement (Leave and License agreement) with the landlord expires on 30th Nov. I have recently purchased a new flat and my furniture work is ongoing. I have sought 2 months extension as I cannot move to my flat until furniture is completed but the landlord has refused to extend in the pretext that he has already entered into another agreement with a new tenant who WILL move in on 1st Dec.

I am, in a way, being threatened of eviction. 

I need to know what are my rights in this case if I continue to pay him rent (it is automatically transferred to landlord's account every month) and what is the earliest the landlord can legally evict me?
Asked 4 years ago in Property Law
Religion: Hindu

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19 Answers

1)If you want to stay on in the property once your fixed term tenancy has expired you should ask your landlord for a new tenancy agreement. The tenancy agreement should be for a fixed period of time 11 months.

2) a Notice period clause that can be added to the agreement so that it can be dissolved before the completion of term.

3)Without a new agreement you will become a periodic tenant and can be evicted much more easily,You have no legal right to stay in a property after the tenancy period has expired.

Mohammed Mujeeb
Advocate, Hyderabad
19031 Answers
32 Consultations

4.5 on 5.0

Azure release and licence agreement expires and then before a notice in this regard has been served it is your responsibility to back at the property well in time in case the landlord is not agree to extend the time as per your requirement you need to find out another accommodation for the remaining period when you flat is ready in case of breach of contract he can go for a special performance of the contract and you may be responsible for the compensation of losses and the legal charges in regards to the execution of the contract.

Vimlesh Prasad Mishra
Advocate, Lucknow
6848 Answers
23 Consultations

4.9 on 5.0

Since the lease period gets over and if you refuse to vacate he has to file a suit for eviction in jurisdiction court after sending you notice. It will not be trespass of property and in your agreement clause if it is mentioned that he can inspect property as and when he wants them it will not be a trespass. Every eviction must be done in legal way so by the time he approach court and summons is served you will get your desired two months to shift your residence

Swarnarka Chowdhury
Advocate, Mysore
1878 Answers
5 Consultations

5.0 on 5.0

If you refuse to vacate on expiry of leave and licence agreement licensor can file eviction suit against you

2) eviction suit would take at least 2 years to be disposed of

3) you would be liable to pay p nap rent as teens of your leave and licence agreement

Ajay Sethi
Advocate, Mumbai
87955 Answers
6207 Consultations

5.0 on 5.0

Licensor can show flat to prospective tenants

It does not amount to trespassing

However prior intimation has to be given to you before brothers come to your residence

Ajay Sethi
Advocate, Mumbai
87955 Answers
6207 Consultations

5.0 on 5.0

1. Landlord cannot evict the tenant without following the due process of law i.e he has to file a petition for eviction before the rent controller which takes at least 2 years to be decided. He cannot just throw you out.

2. If you apprehend that he may dispossess you without following the due process of law then you may file a suit for permanent injunction against him in the civil court.

Ashish Davessar
Advocate, Jaipur
30761 Answers
971 Consultations

5.0 on 5.0

In case he accepts your rent it means it is implied permission to stay in the accommodation but as he is adamant for that particular date this could be the cause of tort between both of you.

Vimlesh Prasad Mishra
Advocate, Lucknow
6848 Answers
23 Consultations

4.9 on 5.0

Litigation is long drawn and expensive proposition in India

2) licensor would think twice before filing eviction suit if you are willing to vacate within month of expiry of leave and licence agreement

Ajay Sethi
Advocate, Mumbai
87955 Answers
6207 Consultations

5.0 on 5.0

You have to vacate the flat after the lease is over otherwise you will be called as trespasser or a tenant at sufferance

See below section 116.

Section 116 in The Transfer of Property Act, 1882

116. Effect of holding over.—If a lessee or under-lessee of property remains in possession thereof after the determination of the lease granted to the lessee, and the lessor or his legal representative accepts rent from the lessee or under-lessee, or otherwise assents to his continuing in possession, the lease is, in the absence of an agreement to the contrary, renewed from year to year, or from month to month, according to the purpose for which the property is leased, as specified in section 106. Illustrations

(a) A lets a house to B for five years. B underlets the house to C at a monthly rent of Rs. 100. The five years expire, but C continues in possession of the house and pays the rent to A. C’s lease is renewed from month to month.

(b) A lets a farm to B for the life of C. C dies, but B continues in possession with A’s assent. B’s lease is renewed from year to year. COMMENTS Tenant at sufferance A person who is a tenant at sufferance has no estate or interest in the leasehold property. A tenant holding after the expiry of his term is a tenant at sufferance, which is a term useful to distinguish a possession rightful in its inception but wrongful in its continuance from a trespass which is wrongful both in its inception and in its continuance. A co-owner can maintain a suit by himself in ejectment of a trespasser or a tenant at sufferance; B. Valsala v. Sundram Nadar Bhaskaran, AIR 1994 Ker 164.

Ganesh Kadam
Advocate, Pune
12338 Answers
191 Consultations

4.9 on 5.0

Hi,

To avoid any issues, you are suggested to serve an humble notice requesting the land lord to extend the tenancy period for one month and also that you are willing to pay rent and meet other obligations as applicable.

Ganesh Singh
Advocate, New Delhi
6646 Answers
16 Consultations

4.5 on 5.0

It's advisable to send him notice stating that you will pay the next two months rent and for him to give him two months to vacate the premises. You will be deemed as tenant and if he is adamant to vacate you just do not leave premises he has to file eviction suit and you will get your desired time to vacate the premises

Swarnarka Chowdhury
Advocate, Mysore
1878 Answers
5 Consultations

5.0 on 5.0

1. Typically, the Tenant has to legally evict himself immediately after the L&L agreement period expires, UNLESS and untill there is a specific clause and proper notice has been served to the Land-Lord.

2. The Land-Lord is entitle to recover entire damages (to be gained from the new L&L tenant) from the old tenant and also can file Criminal proceedings against forceful occupation by old Tenant.

3. ONLY solution is to amicably settle the issue with the Land-Lord, OR TO CREATE A ARTIFICIAL DISPUTE, to gain time.

Keep Smiling .... Hemant Agarwal

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

In order to evict you from his property and landlord would have to file a suit for eviction in court. It would at least take one month for notices to be issued to you from the court.

Siddharth Jain
Advocate, New Delhi
5930 Answers
101 Consultations

5.0 on 5.0

The landlord can legally send people to see the flat as you are vacating the flat and lease agreement is about to expire, but the only condition is that he has to give you prior notice before coming and he just cannot send people to your flat unannounced.

Siddharth Jain
Advocate, New Delhi
5930 Answers
101 Consultations

5.0 on 5.0

If initiates any eviction proceedings against to you would be known as tenant by sufferance. As you have stated that you only want to live 15 days after the expiry of the lease agreement then you should deposit the amount directly into his account and he would not be able to do anything about it legally.

Siddharth Jain
Advocate, New Delhi
5930 Answers
101 Consultations

5.0 on 5.0

I need to know what are my rights in this case if I continue to pay him rent (it is automatically transferred to landlord's account every month) and what is the earliest the landlord can legally evict me?

You dont worry about the rights or eligibility on this.

You can file an injunction suit against the landlord seeking to restrain him from forcibly evicting your from the rented premises other than due process of law.

The service of summons itself may take at least two to three months and after that when the suit comes up for hearing and trial it may take at least another 6 months.

So you will be having sufficient breathing time to shift to your newly built flat.

T Kalaiselvan
Advocate, Vellore
78113 Answers
1543 Consultations

5.0 on 5.0

Also, till I am in possession of flat, can he legally send brokers for showing around the flats to prospective tenants? Is it not trespassing from a legal point of view?

You dont allow the brokers to visit the house until you have not delivered vacant possession of the premises to the landlord.

In legal terms it can be considered as trespass.

T Kalaiselvan
Advocate, Vellore
78113 Answers
1543 Consultations

5.0 on 5.0

In fact, in best case I might need only 15 days more than the date of expiry but he is being adamant. I have read that if I continue to pay rent, after expiry of current agreement, I wiil be considered as tenant by sufferance and it will not be so easy for him to just throw me out. I would appreciate if the learner legal eagles could throw some light on this aspect as well.

He cannot legally throw you out of the property by any mode, you should file an injunction suit and obtain temporary injunction as an interim relief so that he cannot even come near you.

T Kalaiselvan
Advocate, Vellore
78113 Answers
1543 Consultations

5.0 on 5.0

It will be a long drawn legal battle for him to evict you regardless of whether you continue to pay the rent or not after the expiry of the agreement.

Ashish Davessar
Advocate, Jaipur
30761 Answers
971 Consultations

5.0 on 5.0

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