Hello,
send a legal notice to the owner for compensation for violation of the terms of the contract.
you may go ahead and file a suit for injunction also and claim compensation in case he doesn’t respond to legal notice.
Regards
Six months lock in not honoured by landlord
Hi i have a six month lockinn period in and the owner has been asking to evacuate it before the lockinn period There has been many breaches in contract from owners side Like the area of rented property under our part completely has been regularly used by them There has been constant interruptions and chaos by lessor throughout aginst the clause stating lessoee should quitely and peacefully enjoy the said flat without the inturruption of lessor There has been sanitary and plumbing issues since the beginning and it has mentioned that the lessor should repair the leaks in pipes sanitary and electicity at any cost as soon as notified to him Above all lessor has forefully intimidated to take back a part of home before expiry of rental period and also asking for rent of the same part Due to last reason and some quareel a part of rent was delayed by 3 days it was supposed to be given before or at 10 for the past month as stated by the agreement and it was given on 14th Upon reciving the rent owner breaking the six month lock inn period clause gave a notice of 15 days to evacuate the pemises (breaking another clause to gave a month prior notice) stating as the rent was delayed so was the notice?? Is it legal or possible this way?? I do not personally wish to continue staying at owners place but want to take some legal action against all the disturbance and problem caused what are the legal rights i have also i have to forfeit 1 month deposit if I evacuate before lockinn so is something like that applicable at owner ir he is lible to give whole amount back without any charges whatsoever due to the breach What legal options do i have against the lessor
Asked 5 years ago in Property Law
Religion: Hindu
13 Answers
You cannot be forced vacate premises before expiry of lock in period of 6 months
2) in response to notice submit a detailed reply that you cannot be forced to vacate before expiry of lock in period , to address sanitary and other problems faced by you during term of lease
The best leg
The best legal remedy would be to file a suit for specific performance of contract. In court if it's proved that he's not willing to perform his contractual obligations, then not only you stand to get back all the rent you have paid till now + fixed deposit, but you also stand to successfully claim your legal expenses and an exemplary compensation.
So you are positively adviced to file a suit for specific performance of contract. I'm prepared to file the suit and appear in court as your advocate.
A legal notice for breach of contract should be sent by you. There must have been an agreement between you two. Cite the terms of agreement that he has violated and demand adequate compensation for the same. If the agreement has an arbitration clause then vice a notice for arbitration too.
Regards
Hi,
You are suggested to send strong reply of legal notice denying his allegations and alleging him the various problems causes by him. Also claim your rights and ask for compensation of damages caused by the lesser.
Dear Client,
If it is lease deed than lessor has no right to enter in your premises. You can call the police for trespass. And any forceful eviction amounts to criminal offense.
Tenants Can Be Evicted Only By Following Procedure Laid Down In Applicable Rent Control Laws. So relax and deny him any entrance in your premises. Let him approach court, he is bound to honor rent agreement. Stop payign him rent for his default foe interrupting peaceful possession and non repair of leaks in pipes sanitary and electricity etc.
Reply the notice on above points.
Since you have received a legal notice it becomes your duty to issue a reply notice.
You issue a reply notice denying all his allegations and mention all your grievances due to the illegal acts of the owner and the troubles he had give you during your stay in the house and mention that he cannot evict you during the lock in period or else to compensate you with six months rental amount.
You may ask him to follow due process of law, or you may file a caveat petition against him and file an injunction suit restraining him from evicting you forcibly other than by due process of law.
No in delay of rent by three days he cannot evict you from the property, reply notice by stating the regular breach by owner and reason of delay and dispute in the rent.
See if you yourself want to leave premises ask landlord to give first deposit then only leave the premises and possession. See taking legal step will be not fruitful from both side it is better take advance and shift to better place just don't handover possession before you get your deposit.
You can ask him to compensate as per the penal clause in agreement. You can also ask him to pay your shifting charges, brokerage and all the expenses faced in such early eviction
You can file civil suit against landlord. file an suit for Injunction restraining . This suit will not only prevent him from harassing but also he will not even be allowed to enter the house you are staying in. The case will go for a minimum of 2-3 years.
Dear
You can file a civil suit for breach of contract against your landlord, compensation for breach of contract and return for the deposit money.
The suit may also state the claim for illegal evacuation from the rented property and compensation for that also.
1. You are not without remedies. If the part of property leased to you is being used by the landlord despite it being leased exclusively to you then you can file a suit for permanent injunction to restrain him from using this area.
2. Similarly you can seek injunction to enforce your right to peaceful enjoyment of the property.
3. Reply to the notice through your lawyer. The lock in period is sacrosanct unless there is anything to the contrary in the agreement which allows the landlord to unilaterally disregard the lock in period.
- As per the information mentioned in the present query, makes it clear that you are in the possession of the property and you have time also to vacate as per the agreement.
- If comes to you and force you to vacate then please call police and then at the end he would have to go before the court of law to evict you which he won’t be getting ordered as just missing by 4 days to pay rent, doesn’t give him the power to vacate you even if the same be taken as one of the clause on the agreement.
- And if you want to take initiate to teach him a lesson then you would have to file suit for injunction from eviction as you are law full in possession till the end of the time period mentioned in the agreement.
