1) you can seek extension of time for vacating flat
2)if you refuse to vacate landlord has to file eviction suit
3) it would take at least 2 years to be disposed of
Response to eviction notice
I entered into a rental agreement on March for 11 months. There is a 2 month notice period. The owner is relocating to Hyderabad and called us on 06th July to vacate by end of August. On 17th July he is sending a eviction notice on WhatsApp to evict by 31st Aug or max by 4th sep, as his luggage consignment will reach. . I had initially told him to give us time till December end as we have just moved in . What remedial options do I have to extend stay till mid of october
Asked 5 years ago in Property Law
Religion: Hindu
8 Answers
You need to sort it out mutually. Going through court will make it ugly
Maximum time you can avail is up to 16.9.2019 and that too if you knock the door of court. They are asking for 4.9.2019. You may ask extension of 10-12 days legally. However, he can't through you out of house without due process of law. Keep searching house and find out a way to settle the dispute amicably. In case he moved to the court, you have to pay damages for illegal use and occupation w.e.f. 17.9.2019 till the date of handing over the possession.
See if you have received no notice as per agreement then you can deny to vacate the premises. The owner will have to go to court or have to send notice again in process you will get time and you can vacate.
You have 11 month rent agreement and as for the condition of the rent agreement the landlord has given you the notice to vacate the property within 2 months after few days in a good faith you have to follow this notice and vacate the property.
If you think that this is injustice to you then you can file a civil suit in Civil Court under section 151 CPC rule 39 order 1 and 2 for temperature injection but please note that normally this sweet is cleared by the court within one month from the date of filing
immediately you have to approach civil court by filing a bare injunction suit against your landlord and obtain an injunction not to dispossess from suit schedule property. This is the right time to knock the doors of court.
Avoid the notice, Owner is bound to honor lease term. at least 11 months. Notice won`t help him. Reply him straight go to court. Even court will not consider his case. Neither he can enter forcefully in your house, call the police. In rent agreement, possession delivers exclusively to tenant till tenancy period.
Since you have a valid rental agreement, even though there is a condition that you may have to vacate in two months notice, if you find hardship in relocating to some ther place you may refuse o vacate, let him initiate legal action, by the time he approaches court and sends you summons, your requested time will arrive after which you can vacate or demand your deposit amount and vacate the premises.
