• Can owner insist us to vacate the house and still stick to his 3 months notice

My house owner has an agreement stating, before leaving the house I should give 3 months notice.

ISSUE: started with Water Bill
There are total 4 houses, agreement is to divide the water bill equally among every house. Initially, I paid Rs400, after 6 months increased to 600 and now it is 700. Our consumption has never changed.
When we discussed this matter he told us to vacate the house.

Owner told me to vacate the house, since I am not intending to vacate, I suggested that I should not be serving him the notice. Upon further discussion, owner raised his voice on me and went on aggression mode and said it is in agreement.

I would like to review the current agreement and state that since he is asking me to vacate the current agreement becomes null and void and new agreement should be put to change the 3 months notice to 1 month.

Other details: Due to inferiority complexities in we being literate and they not and we have a maid and they not, also lot of other complexities were there, due to this and other reasons, there has been constant humiliating comments on us by the owners from day 1. We have tolerated and ignored eventually, but now this is having serious financial consequences for us, this we need not tolerate. Hence thinking seriously of legal options.

Rental occupation date: Sept 2017
Mode of payment: Cash for 1year, last 6 months cheque.
Rental occupants: husband(myself), wife and child (4.8years).

In our opinion, they wanted us to vacate after 1 year, due to the inferiority complexity issues mentioned above.

This water bill is just a way of cornering us to forcefully vacate.
Asked 6 months ago in Property Law from Bangalore, Karnataka
Religion: Hindu

Dear Client,

Have you paid any earnest money ?

Well, tenant cannot be forced to vacate the premises without following due course of law. dosen`t matter whether lease period expired or default of in lease terms.

Yogendra Singh Rajawat
Advocate, Jaipur
12246 Answers
13 Consultations

4.6 on 5.0

1) owner has to give you written notice of termination of agreement 

 

2) you are liable to vacate the premises only after expiry of notice period 

 

3) terms of contract are sacrosanct and binding upon parties 

 

4) necessary to peruse agreement to advice further 

Ajay Sethi
Advocate, Mumbai
65429 Answers
3960 Consultations

5.0 on 5.0

Termination of this agreement, has to be done strictly in accordance with the termination clause contained in your rent agreement.

If the agreement mandates a 3 months notice for you, I am very sure that this clause must be reciprocal and even in case the wants wants you to vacate, he has to give you an advance notice or pay in lieu thereof. 

Make sure that the landlord acts in accordance with the agreement and not arbitrarily. 

 

Vibhanshu Srivastava
Advocate, New Delhi
8387 Answers
129 Consultations

5.0 on 5.0

you are entitled to refund of your security deposit 

Ajay Sethi
Advocate, Mumbai
65429 Answers
3960 Consultations

5.0 on 5.0

1. The terms of the agreement  once set can be altered or modified unilaterally unless both parties consent to it.

2. So ignore the demand of the landlord as he can not bring changes to the terms of the agreement as per his whims and fancy.

3. In other words before the expiry of the tenure of the lease you can not be forced to quit the place nor the landlord can take any legal measures to get it back.

4. Even after the expiry of the tenure you can continue to stay in the premises and in that context the only remedy of the landlord would be to file a suit for eviction which take several years to end.

Act accordingly.

Devajyoti Barman
Advocate, Kolkata
17459 Answers
248 Consultations

5.0 on 5.0

1) You have to go as per termination clauses of rent agreement and owner too has to return refund advance amount as well.

 

2) Now the decision is in your hand what suppose you want to take action against owner,  vacate or complete the agreement term or leave after 3 months.

 

3) Did owner abused you or any domestic violence against your family etc than you can take legal action against owner otherwise you have to follow rent agreement terms and conditions clauses.

Ganesh Kadam
Advocate, Pune
7095 Answers
60 Consultations

4.9 on 5.0

If the landlord wants to terminate the contract, a notice period, usually of one month, needs to be served. Some agreements, however, may specify a longer time period.

 

Mohammed Mujeeb
Advocate, Hyderabad
9336 Answers
3 Consultations

4.5 on 5.0

A security deposit should be returned once the tenancy ends and the tenancy agreement has been honoured. The deposit does not have to be returned to the tenant on the day they leave the accommodation, however the landlord must return the deposit promptly. Time should be allowed for an inspection at the end of a tenancy, and for any repairs/ cleaning to be carried out.

Mohammed Mujeeb
Advocate, Hyderabad
9336 Answers
3 Consultations

4.5 on 5.0

Dear Querist

As you all ready execute an agreement with the owner, the owner and you(both of you) are bound by the terms and conditions of the agreement, if you are not interested to vacate the premises, wait till the litigation, and if the owner filed any case for eviction than fight the case on merit and on this case approximately one year will finished.

 

you may file a civil suit for permanent injunction against the owner before the civil court and pray from the court that without due process of law the owner will not be entitle to evict you forcefully or by any other means, the court will grant injunction order against the owner. in this matter, you may also pray for restraining order regarding day to day interference.

 

Feel Free to Call

Nadeem Qureshi
Advocate, New Delhi
5304 Answers
256 Consultations

4.9 on 5.0

Your rental agreement is covered by the classes agreed by the both the parties even in case of any party gives the notice to vacate the property he has to follow the clauses of the the agreement andand have to vacate the property accordingly in case you have paid in advance amount that is to be returned by the landlord at the time you but read the property and in case of any default you can move to the court for specific performance of agreement for refund of amount taken as security deposit along with the interest and legal charges

Vimlesh Prasad Mishra
Advocate, Lucknow
5376 Answers
16 Consultations

4.9 on 5.0

How long is the rental agreement period?

Is it for one year and if so, whether it was renewed after expiration of the initial term?

If you cannot tolerate the situation due consistent harassment and mental tortures, why dont you quit the premises and look for a more peaceful atmosphere.

In any case he cannot force you to vacate other than by due process of law.

 

T Kalaiselvan
Advocate, Vellore
55240 Answers
674 Consultations

5.0 on 5.0

You first confirm the period of rental agreement and after that you can decide about vacating the house.

Since your amount is held as deposit by him, it would be better that you deduct the said amount towards rental payment till you vacate.

 

T Kalaiselvan
Advocate, Vellore
55240 Answers
674 Consultations

5.0 on 5.0

With regards to the advance amount paid by you in case the owner does not return the amount you can file civil recovery suit for money. Secondly check terms and conditions of your agreement there should be a clause where owner should also give you notice before asking you to vacate the premises. Any new agreement you can put terms and conditions mutually acceptable between you and owner law does not create embargo. Ensure that agreement for lease is done for 11 months more than 11 months needs to be registered.

Swarnarka Chowdhury
Advocate, Mysore
1752 Answers
4 Consultations

5.0 on 5.0

There is no benefit in fighting with the owner and staying there. he has right to serve you vacation notice as per the agreement and you need to vacate the same. If there is no such clause he will vacate you after the tenure. If you still not vacate you will be evicted by the court.. Its better in interest of all to settle the matter mutually.

Prashant Nayak
Advocate, Mumbai
11640 Answers
18 Consultations

4.8 on 5.0

1. You cannot force him to cancel the existing agreement and execute a fresh agreement. The current agreement does not become null and void merely because he has asked you to vacate.

2. You cannot be evicted except through due process of law. If you do not vacate then the landlord will have no option except to file a petition for your eviction in the court.

Ashish Davessar
Advocate, Jaipur
26103 Answers
775 Consultations

5.0 on 5.0

See if owner is insisting to vacate then he should give you notice period and on notice of eviction you can leave the premises and can seek your refund back.

If owner is not listing give him a legal notice seeking your refund back on ground that he is asking to vacate and further harrased you and forcing you to vacate.

Shubham Jhajharia
Advocate, Ahmedabad
18230 Answers
71 Consultations

5.0 on 5.0

Yes the owner is liable and he has to return same back donot leave possession of premises till he pays amount back and serve him legal notice for same.

Shubham Jhajharia
Advocate, Ahmedabad
18230 Answers
71 Consultations

5.0 on 5.0

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