• My owner is asking me to vacate the house

Hi, 

 I have rented a residential housing property in October 2018. With the agreement coming to an end September 2019, the owner is asking me to vacate the premises. I live with my mother aged 78, and have my semester exams in December. I do not have the bandwidth to find new place of accommodation and the logistics involved. 
The owner walked in to my house at 10 pm in the night without prior notice. He is an NRI, residing in Gulf. As per the Income Tax laws, I deducted TDS on his rent @31.2% which he has an issue. He is playing games to avoid TDS deduction. Also, the rent agreement is signed by his dad and not himself. 
Both dad and son have a history of harassing their tenants. I have spoken to their previous tenants and have them as witnesses. 
Can I file an injunction suit to extend my stay ? I am really worried with my exams being my prime concern at the moment. My career depends a lot on this.
Asked 6 years ago in Property Law
Religion: Hindu

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24 Answers

Dear Sir


1) You could give a police complaint saying that the landlord is harassing you. If the complaint is registered then the landlord will be called to the police station and he will be made to write that he cannot harass you.

2) You can also file a case against him. Its called filing an Injection suit. 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 on for a minimum of 2-3 years.

3) Even if you dont do any of this its not a problem because the only way he can make you vacte the house legally isn by filing a case against you which will again take 2-3 yrs. He cannot file police complaint because its a civil matter and police cannot interfere in civil matters.

Netravathi Kalaskar
Advocate, Bengaluru
4951 Answers
27 Consultations

If your agreement has expired you should get vacated. Your injunction without owners consent will not be granted. If he is vacating you unreasonably against your agreement clauses then only your injunction will be granted. It's better you request him to extend the stay in a humble manner court procedure will cost you a lot without any relief. 

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

See in case you don't vacate he cannot force you to vacate he has to get the court order for possession of the property and it can take some time in that time you can file other property to stay.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

There is not need to file any suit. Tenant cannot be evicted without following due procedure of law even if rent agreement is expired.

Barging in house is criminal trespass, you can file FIR. Until there is no court order of eviction, you cannot be forcefully evicted. Scold him back if next time repeated, you will prosecute him for criminal trespass and intimidation.

No need of court order for extension.

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

You have to vacate premises on expiry of the leave and licence agreement 

 

2) you cannot force landlord to extend the agreement 

 

3) it can only be renewed by mutual consent 

 

4) if you refuse to vacate landlord will file eviction suit 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

You can send them legal notice that you are not going to vacate the room till month of december as your exam are near and you don't have that much time and kindly don't harass me otherwise I will make police complaint. Kindly allow for 3-4 months and you will vacate the rooms.

 

Or second option is to renew the rent agreement for next 11 months

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

If there is a clause in the rental agreement that the agreement may be renewed by both parties by mutual consent, then you can invoke this and ask the landlord to renew the agreement. If the landlord is reluctant to renew the agreement, then under the circumstances stated by you, you can approach the civil court and seek extension upto the time (for a maximum of 1 year) you finish your exams and find another suitable accommodation, whichever is earlier.

You have a valid and cogent reason to file an injunction suit, you will definitely get an extension. No worries. 

Kiran N. Murthy
Advocate, Bangalore
1298 Answers
194 Consultations

-  As per law, a landlord may choose to terminate a tenancy at the end of rent agreement.

- Since, the said agreement is going to expired in September, hence as per law , he has informed you that he is not interested to continue with you and needs possession of the tenanted premises.

- If, you will not evict the tenanted premises, then the owner will approach the court for getting order of eviction in his support.

- Since, you are having problems of your old aged mother , and your semester exams in December, then you should request the owner for extending the tenancy period. 

- If, he refused to extend , then you should issue a written notice for the same after narrating all the facts.

- You can file a suit for injunction on othe grounds and also the grounds of your career , Court will restrained the owner for forcebly eviction.

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

Please see the classes in your agreement there is a provision that your tenancy cannot be extended automatically and you have got a notice to vacate the property then you have no choice to remain in the property after the notice of the property as this property has been let out only for the 11 months and you have to vacate the property as you have already received the notice eventually you will not get any relief from the court whatever is the reason that you are living with the old mother or you provide any other reason for staying in the property your stay in the property is only dependent on your agreement with the landlord you would have the option going to the court for temporary injunction in case you have been asked to leave the property forcefully deduction of TDS is mandatory as your landlord is is non resident Indian and you have to deposit the TDS as per law

Vimlesh Prasad Mishra
Advocate, Lucknow
6851 Answers
23 Consultations

No relief based on the career and agr won't be granted.

See it will take like 1-2 month to start proceedings and further time to pass any order.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

It would take more than a year for eviction order to be passed by court 

 

2) disposal depends upon pendency of cases in trial court 

 

3) you would not get stay order from eviction 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

It takes a lot of time to evict but if he is successful then you need to pay the rent along with all penal charges of agreement as mesne profits after litigation. It will also incur you lawyer fees in addition

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

Dear Sir,

You can file injunction suit, and eviction suit will run years together.

There may be a medical emergency or he may have old parents living in his rented house. In such cases, the tenant can file a suit for injunction, in an appropriate court to legally impede the landlord from evicting the tenant on any other ground (not mentioned in the State's Rent Act)

Netravathi Kalaskar
Advocate, Bengaluru
4951 Answers
27 Consultations

The Supreme Court of India has laid down that landlords cannot evict a tenant for at least 5 years if the rent is paid regularly, as per the tenant rights in India; unless the landlord genuinely needs the property for himself/herself. 

 

You need to keep paying rent to landlord. Don't worry about eviction suit.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

- Yes, you can file Injunction suit against the owner on the said grounds. 

- If,you think that your owner is going to file his eviction suit , then you should file injuction suit without waiting for his case.

- If , he already files , then simply file your case . You have good ground for restraining him .

- Period depends upon the grounds of eviction case. If he files the case on the ground of bonafide requirement , then within six months time maximum  , eviction order will be passed.

- If, he files on arrears of rent ground, then it will take time .

- Dont wait for his case, try to file you case. 

 

Good luck and dont forget to rating Positively. 

 

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

Yes you can file a case for injunction suit to get stay on vacation of premises till your exams. 

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

it has been seen that such type of cases disposed of within 4 to 5 years.. 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

Eviction suit take at least year. Will get enough time. Avoid him straight, give him a written letter while CC to Income Tax dept. that you won`t accept their demand for less TDS deduction and will pay as per law. And for any force/coercive action and force barged in house, you will constrain to initiate legal action.

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

landlord has to intimate in advance before coming to your residence at 10 pm 

 

 

on expiry of agreement you have to vacate premises unless  agreement  extended by mutual consent 

 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

See in same matter you can file a cross objection.See you can contest the suit. 

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Yes it will be separate civil or criminal case. You can file for mental harassment in the same

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

You cannot file a suit seeking extension of tenancy,but can file an injunction suit against them seeking an order of injunction restraining them from forcibly evicting you other than by due procedure of law.

This suit will go on for one or two years, by then you may find a good accommodation for rent and can shift to the new place.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

You cannot file a suit on the grounds what you have stated.

The eviction suit filed by the owner may take at least two years to get disposed.

 

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

If the owner is disturbing you by walking into your house at night 10 pm, you can call the police and lodge a criminal complaint against him for the offences of nuisance and disturbances.

 

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

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