• Owner selling property, urgent

My owner is selling the property without notice I have rented ONLY 2 MONTHS back. Please help me with the following -
- Can someone please tell me what my rights are as a tenant?
- I had also paid the brokerage for this flat, would I get that back?
- Would I be able to continue my tenancy post the sale of the flat?
Asked 5 years ago in Property Law
Religion: Sikh

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11 Answers

Dear Client,

Sale dose not effect tenancy, it will continue on same terms and if previous owner do not return than next owner is liable to return. Next owner cannot evict you. 

Yogendra Singh Rajawat
Advocate, Jaipur
22622 Answers
31 Consultations

4.4 on 5.0

is there lock in clause in your leave and licence agreement 

 

2)if not landlord can ask you to vacate by giving you notice as per terms of agreement 

 

3) you would not get your brokerage 

 

4) if purchaser want s you to continue then fresh agreement would have to be entered into with the purchaser 

Ajay Sethi
Advocate, Mumbai
94652 Answers
7523 Consultations

5.0 on 5.0

You have right as a tenant and the owner need to give you proper notice for handing over possession to the buyer.

You won't get the brokerage back

See if new buyer agrees and he let you continue you can continue.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

Your lease remains valid in case a rental property is sold, and your former landlord is obliged to provide you with a name and address of a new landlord. 

 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

If the owner of the property is intended to sell the property then definitely he will have to give you one month notice as per your rent agreement and you can also recover the amount of the brokerage from the landlord otherwise you can go to the police station and file a case of cheating under section 419 420 and 406.

You cannot stop him selling the property as he is the title holder and have all the right to dispose the property as per his wish

Vimlesh Prasad Mishra
Advocate, Lucknow
6852 Answers
23 Consultations

4.9 on 5.0

1) You have to check all terms and conditions of Lease agreement.

 

2) Kindly check with new buyer that he is ready to continue the flat on rent till your agreement period mentioned.

 

3) others ask compensation from owner.

Ganesh Kadam
Advocate, Pune
12915 Answers
254 Consultations

4.9 on 5.0

1. What is the exit clause mentioned in the rent deed. 

2. If he is doing so without any notice then ask him to refund the brokerage that has been paid by you and refuse to vacate the premises. 

Regards 

Anilesh Tewari
Advocate, New Delhi
18077 Answers
377 Consultations

5.0 on 5.0

- If there is a termination clause in this rent agreement, the same has to be adhered meticulously and thereby the seller is required to give you an advance notice of eviction,.

- Depends upon your arrangement/agreement with the broker. 

- Refer to the rent agreement for clarity on this/. 

Vibhanshu Srivastava
Advocate, Lucknow
9600 Answers
303 Consultations

5.0 on 5.0

He needs to give you notice as per the agreement before vacating you. if he is in hurry he has to pay you for the notice period and brokerage charges for new flat.If the flat is sold you will not have any rights with the new owner.

Prashant Nayak
Advocate, Mumbai
31908 Answers
179 Consultations

4.1 on 5.0

1. Please refer your Leave and License Agreement. If there is a lock in period clause is mentioned in the Leave and License Agreement then the Owner (Licensor) cannot force you to vacate the premises before the lock in period and if he forces you to vacate the premises before the lock in period you can ask him to pay the compensation (Like Brokerage Fee, Shifting, and Legal Fee etc.).

 

2. And if lock in period is not mentioned in the Leave and License Agreement then either party can give notice in advance to show his intention to vacate the premises as specified in the agreement to the other party.

Rajkumar Tiwari
Advocate, Vasai Virar
7 Answers

Not rated

If there's a registered rental agreement between you both then you can issue a legal notice and then file a permanent injunction suit seeking to not to vacate you other than by due process of law.

You cannot get back the broker commission returned.

T Kalaiselvan
Advocate, Vellore
84851 Answers
2186 Consultations

5.0 on 5.0

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