The landlord or agent cannot end your
Agreement without a reason (no grounds)
before the last day of a fixed-term agreement.
One month notice from landlord to vacate before expiration of lease
Dear all lawyers, Landlord for all practical purposes = Mr Sharma (name changed) Owner as per agreement and rent paid into account of = Mr. Sharma's sister. We seek professional help. We are a couple, both 36 years with 11 month baby. None of us are earning at present. I am baby sitting after a major surgery and wife pursuing higher studies. We have rented the ground floor of an independent house with the lease expiring on November 24th 2019. There is an understanding with Mr. Sharma that we will vacate by June end. Mr Sharma is is a senior couple living on first floor of the same house. Bone of contention for last 3 months is water shortage. Mr. Sharma has a bore well. Now he has slapped us with one month notice to vacate as he says we are using too much water and he will be left with no water in bore well in the summers. For your kind information there is a provision in the rent agreement that either one of us can give one month notice. He has clearly mentioned in the email that he wants me to vacate for this particular reason. As per him we are using up to 2000 liters per day. (Obviously, there is not proof of this and this number seems exaggerated) 1. Is this a legally acceptable reason for asking to vacate? I feel he is exaggerating the usage, as i measured it today and it is not more that 1000 liters by any stretch. So i believe this reason is not genuine. 2. Still i have given him an option that we can buy water from tankers, both can use and I alone will bear the cost. I have also promised to cut down on my usage. But he has agreed to none. 3. Anyways, does he need to give me a reason at all to slap a notice? 4. Can i still argue against not leaving for 3 more months? 5. Can I get legal help for this? I need to stay for three and a half more months. I am not exceeding my lease period which is till November 2019 and I have been paying my bills and utilities on time. 6. Lastly, as I said, the email has come from Mr. Sharma and not from his sister who is the owner as per the agreement. Though Mr. Sharma has mentioned that notice is on behalf of his sister. Can i refuse the notice at the end of the month saying it has not come from the legal owner? Kindly guide on how i can prevent leaving before June when I plan to go back to my native. Thanks everyone
Asked 7 years ago in Property Law
Religion: Other
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13 Answers
See let him.give you notice you reply to same by stating that you will cut down water usage and your use is only 600-700 liters if he file suit that will take years to settle so for now you can use premises for 3 months pay rent for same then settle with him and leave the premises he will withdraw the suit.
1) Ask Mr.Sharma for what legal rights do he have to talk like this way with you. Is that Mrs.Sharma or sister of Mr.Sharma has given any POA to look after property etc.
2) You better talk to owner if she also insists you to vacate the room than go as per termination clause i.e. either side can give one month notice.
3) Or one can request owner till next 3 months or end of the agreement you will wait and if she needs hike in the rent will be done from month of July and plus bear a water tanker expenses from now.
1. No they are exaggerating.
3. He can send notice
4. Yes you can argue.
1) notice has to be from the owner of premises not from her brother
2) it is not necessary to mention reasons for notice to vacate
3) if you refuse to vacate la dlorscan file eviction suit
4)it would take 2 years to be disposed of
Hello,
Firstly this is not a valid ground of eviction. A notice to quit must be on cogent reason but this one is vague . However I would like to suggest you to get in touch with the owner and confirm if it is she will really wants you to quit.
Regards
1. If there is a lease agreement then the circumstances leading to earlier termination of the lease must be mentioned in the agreement itself. So refer to the same. If there is no such clause then this is not a ground for eviction.
2. Its a god proposal and give this in writing or through e-mail.
3. If it is an earlier termination then reason will have to be cited.
4. Yes, this is your legal right.
5.Yes, continue to live in the same premises even beyond November, 2019. Even on expiry of the term of lease the lessee can remain in the premises and this is not illegal. On such circumstances the landlord will have to file a suit fr eviction which would take years together. Till that time enjoy the property. There is nothing to get worried
6. Yes, this is a valid defence.
Mr. Sharma is not the owner. He's not the party to the lease agreement. So the notice served by him is not valid. You can enjoy possession till the end of your lease, as per the agreement, unless the owner (ie Sharma's sister) serves you a one month notice
The terms of your lease agreement estates one month Notice from either party to back at the house citing any reason as you have got the notice this is your responsibility to act upon and back at the property within the stipulated period and in case you are not vacating the property you may be responsible for the compensation and legal charges if Mr Sharma is taking any legal step to evict you from the property at the same time you have also the opportunity to go to Civil Court and file a civil suit for temporary injunction under ORDER RULE I & II and section 151 CPC in this regard against the notice of your landlord citing the various reasons you have and get the stay order from the court but please be aware in case you do not succeed to get the stay order you may be liable to pay the legal charges incurred by Mr Sharma in this regard along with any compensation awarded by the court along with the rent which is normally payable by you
1. If there is a clause in the rental agreement about the one-month notice for termination of the agreement, the landlord is well within his rights in asking you to vacate. Water shortage is good enough reason. The tenant cannot legally compel the landlord to dig a bore-well.
2. The tenant cannot legally compel the landlord to buy water.
3. Water shortage is a sound reason.
4. Not legally.
5. You may at best send him a reply drafted by a local lawyer.
6. You may do so, but it would stand on weak grounds.
1. You deny the allegation of excess usage of water and can refuse to accept his notice and may inform him that you will not vacate till the term of lease expires.
2. You dont have to beg him.
3. You give a reply notice refusing to vacate for the said reasons.
4. Yes, you can do that.
5. You can remain in the premises till the lease period is expiring.
6. If the notice was went by a third person on behalf of the owner, you can mention that also stating that he has no locus standi to issue the legal notice since he is not an authorised agent nor he has any evidence to prove that he is an authorized agent of the owner and can refuse and reject his claim by issuing a reply notice.
You can also mention that if he still insisting on the subject matter you may lodge a criminal complaint agaisnt him for criminal intimidation activities.
The owner can tell you to leave after giving you a notice. If no reasons are mentioned in the notice then that means that it is not required as per the agreement. You have to solve the issue amicably as he can ask you to vacate. You should contact the owner directly and tell her the circumstances and seek assurances that she will let you stay till June.
Regards
- As per the information mentioned in the present query, makes it clear that you have entered into an agreement with original landlord and vacation is been asked by someone else (a caretaker, we can call it by this name).
- The person who is asking should have some sort of authority by way GPA or SPA or POA to ask you to vacate or his name should be there in the agreement, otherwise he can’t even say a word to it.
- And I believe though the expiry time is after few months, but still have been asked to vacate.
- And that is only possible if there is any clause about the one month time before expiry of the actual period, but that should also be accompanied with reasonable answer.
- You should not vacate, let him go to the court of civil law to decide and if he harasses you further then call on 100 number.
