• Rental property

It is not even a month since I moved to this flat and I have spent huge money in shifting and moving include security deposit, 10K brokerage, packers and movers, installation charges of all household stuff). Now I got to know that he sold the apartment and asked us vacate the house in one months time (Notice Period). Please suggest what are my rights in this case
Asked 5 years ago in Property Law
Religion: Hindu

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17 Answers

See since there is no lockin period in agreement the landlord can ask you to vacate the premises as per the terms of agreement though you are suffering loss due to this serve a legal notice to land lord seeking damages from him.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

In the present case, you can serve a legal notice to him asking him to compensate for the amount spent by you as brokerage, movers and Packers fee and installation charges, failing which could not make it the property till the expiry of the agreement.

You can ask for compensation in case the agreement signed between you and your landlord has a pockin period.

Also state as to what  the termination clause of the rent agreement say.

Siddharth Jain
Advocate, New Delhi
6303 Answers
102 Consultations

5.0 on 5.0

If he ignores notice or fails to pay damages suit for same has to be filed and actual damage need to be claimed.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

He can, but it will be easier for him to pay the losses rather than you dragging him to court. So, in my opinion he'll reply to the notice.

your rent agreement needs to be perused, in order to give you a concrete advise whether he'll be bound to pay you the damages or not.

Siddharth Jain
Advocate, New Delhi
6303 Answers
102 Consultations

5.0 on 5.0

Yes, owner has to pay all damages and expenses made by you for all fittings etc.

Ganesh Kadam
Advocate, Pune
12930 Answers
255 Consultations

4.9 on 5.0

It all depends on whether it was a lease agreement or leave and license agreement. 

If the flat was leased out to you for a certain period, then you have rights of possession for that period and cannot be dispossessed. 

But if you are merely a licensee, you don't have right of possession. You have to vacate the premises if one month notice is served upon you

Netra Mohanchandra Pant
Advocate, Navi Mumbai
1547 Answers
5 Consultations

4.4 on 5.0

If you want to go legal in that case you have to go to Civil Court and file for temporary injunction against the legal notice for vacation this is the only way out available to you and he has to reply in the Court against the temporary injunction prayer

Vimlesh Prasad Mishra
Advocate, Lucknow
6852 Answers
23 Consultations

4.9 on 5.0

What were terms of leave and licence agreement?

 

is there a lock in period incontract ? 

 

If so refuse to vacate before expiry of lock in period 

 

let him file eviction suit 

Ajay Sethi
Advocate, Mumbai
94723 Answers
7535 Consultations

5.0 on 5.0

Licensor would have to reply to legal notice 

 

not nrcessary would he agree to pay for damages 

Ajay Sethi
Advocate, Mumbai
94723 Answers
7535 Consultations

5.0 on 5.0

We would need other facts to give you the best legal remedy. is there a lockin period or any lease agreement. 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

If landlord issue a legal notice then you have to reply legal notice through an advocate and contest the matter. 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

Of the Agreement as a notice period then you can claim that expenses as per that clauses in civil suit.

Prashant Nayak
Advocate, Mumbai
31951 Answers
179 Consultations

4.1 on 5.0

It is proved that at the time of selling of the flat you are in possession of the flat as a tenant, therefore, the new owner have no right to evict you within one year from the date of sale of the flat.  The previous flat owner cannot deny the fact that you are not a tenant therefore as a tenant you have an important right against eviction, as provided by the rent Control Act. Almost every rent Control Act, the new owner of the property cannot evict the tenant within one year from the date of purchase of the property.

Shivendra Pratap Singh
Advocate, Lucknow
5127 Answers
78 Consultations

4.9 on 5.0

Dear Sir,

You can immediately get file a small suit called permanent injunction claiming damages also against previous owner and new owner.  Both of them colluded with each other as new owner ought to have inquired about your tenancy as on the date of registration of sale deed.  You need not vacate the premises until your damages or reimbursed and get a new rented premises. The old owner cannot ignore your legal notice since new owner insists the old owner to hand over vacant possession of the premises.

Netravathi Kalaskar
Advocate, Bengaluru
4952 Answers
27 Consultations

4.8 on 5.0

  1. As per the information mentioned in the present query, makes it clear that you have been harassed as well as misguided/ cheated to not to reveal that they are in the process of selling the flat.
  2. I hope that there must an agreement between you and the landlord, which must be specifying the time period for the tenancy to be valid.
  3. If no agrement then also they can’t do like this, give them a legal notice and don’t vacate the property.
  4. Call police also if they force you to get the property vacated. And file a suit for damages in the court of civil law without vacating the property. 
  5. Or let them file a suit for eviction, remain there to teach them a lesson for their act.

Sanjay Baniwal
Advocate, South Delhi
5474 Answers
13 Consultations

5.0 on 5.0

Have you entered into a rental agreement?

If so, you don't vacate till the expiration of the agreement.

Let him approach court, the case will run for years.

Alternately you can ask him to compensate the loss to enable you to deliver vacant possession.

T Kalaiselvan
Advocate, Vellore
84925 Answers
2196 Consultations

5.0 on 5.0

You give a reply notice denying his demand to vacate and mention the expenses you incurred and demand full compensation in order to vacate.

T Kalaiselvan
Advocate, Vellore
84925 Answers
2196 Consultations

5.0 on 5.0

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