• Can the landlord ask me to vacate the house in this lockdown period?

We had an agreement between landlord and myself on vacating the house by this 10th May 2020, but due to ongoing lockdown which is extended till April 30 in Telangana, I could not find any other property to move in rather there is no option of roaming around due to this Lockdown. But, my owner is forcing me to vacate on the said date due to the fact that we had an agreement.
What can be done here
I told them I'll pay the rent and extend for 2 more months, so that I can find a new one and leave after the lockdown, but they were ignorant and talking recklessly.
Help here, 
Our can I get permission from local police for moving the things to a new home( if I'm able to search online)?
Asked 5 years ago in Property Law
Religion: Hindu

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24 Answers

Seek police help.

They cannot ask you to vacate the house if the lockdown goes till MAY.

Consult police officials for house shifting permission 

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

If your landlord is forcing you to vacate their premises, they will be liable for action under the Act. you may approach jurisdictional police station. 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

1. When all the public institutions are giving leeway in terms of payment of EMI, rent and even subscription fees the conduct of the landlord is really unfortunate. 

2. So ignore the demand to quit the premises till the situation normalizes. 

3. Don't worry much as the landlord can't go to court now to evict you in view of the present unprecedented situation. 

Devajyoti Barman
Advocate, Kolkata
23653 Answers
537 Consultations

Your agreement is valid upto 10th May, hence ther is nothing to worry about it so soon.

You keep telling him that you will vacate on due date, after that you simply refuse to vacate the premises for the said reason.

He cannot throw you out illegally and he has to follow due procedures of law for evicting you.

In the meantime you can look for a house on rent and vacate the premise at your convenience.

Dont complicate the things now itself.

 

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

Hi

 

you should definitely take police help if landlord is mot ready to listen, during the lockdown when govt is asking to set off rent this condition is not right. Try to make landlord understand once more or else take police help. 

Varnika Singh
Advocate, New Delhi
327 Answers
2 Consultations

Tenancy cannot be evicted without following procedure laid down in rent law. No force applies. Avoide the landlord and tell him approch court for eviction order. No role of police but agsisnt any force and nuisneve you can file complain to police.

Neither any tenant can be forced to vacate during lock down and some period afterwards.

Avoide tenant and live peacefully. And tenant cannot enter in the premises. Criminal trespass. 

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

You can force him to extend like that

It's his discretion to extend the same on humanitarian ground only. Govt has not formulated any such policy

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

Sir, 

Send your request to the landlord over email or what's app.  Wait for his reply.  In case, he insists verbally, ask him to take legal action.  This is a civil case.  No action can be taken by police.  However, in case he approaches the Police, police would help you in view of the present scenario.  Be bold.  Straight forward ask the landlord to cooperate otherwise take legal recourse.  He cannot dispossess you forcibly without taking due process of law.

Dalip Singh
Advocate, New Delhi
1096 Answers
36 Consultations

See in case you find new property in that case you can take permission from local executive magistrate to.shift to new flat though at this stage you should talk to your owner and to extend same with help of local police.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

If lock down is not extended before 30 th April  you can vacate premises on 10 th May 2020 .

 

you are entitled to further extension of time on payment of rentals if lock down is extended and you are unable to find any alternative accommodation 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

Complain to police. 

During lock down owner can not insist to vacate the flat. 

Call 100 if you can not go to police station. 

Kallol Majumdar
Advocate, Kolkata
2837 Answers
14 Consultations

1. During lockdown you cannot be evicted. Contact local police.

2. You do not vacate the property, he cannot throw you out.

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

1. Due to lockdown in our country, it's difficult to honour the clauses in the rental agreement.

2. Inspite of your intention to pay rent for the extended period due to lockdown if the landlord insists for you to vacate the premises, take the help of jurisdictional Police authorities who will definitely resolve the problem, even though it's a civil matter.

3.  Contact the helpline of the local Police and take help in the prevailing lockdown period.

Shashidhar S. Sastry
Advocate, Bangalore
5623 Answers
339 Consultations

1. Govt. has issued directives that Tenant's cannot be evicted and Rent payment should be extended. Hence Landlord cannot evict you in any manner, whatsoever.

2. You can legally refuse to vacate the tenanted premises and the landlord cannot do anything legally about it.

3. You may make a written complaint or dial police control room on "100" and seek their help against the landlord.

4. During this lockdown, nobody would give you a new home and neither your new tenancy agreement will be registered. It is not safe for your health & others too.

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

1. flatly refused to vacate the house, verbally

2. send your landlord a written representation to extend the tenancy tenure for two months after the lockdown period, to enable you to search the alternative accommodation,

3. you can take services of  a legal expert for the drafting of the written representation,

 

    

Suneel Moudgil
Advocate, Panipat
2386 Answers
6 Consultations

Call the police and tell them what is happening. They will help you. Landlords cannot evict tenants during lockdown.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

He cannot forcefully evict you during the lockdown period.

in case he feigns ignorance and turns a deaf you to your requests, request him to the Police, that he forcefully evicting you during the lockdown. The police will act against him.

Vibhanshu Srivastava
Advocate, Lucknow
9763 Answers
323 Consultations

Dear Sir,

Laws are in favor of tenants. Ask him to get eviction order from court. If you want you can get an injunction order in the first week of May against your tenant they he should not evict you until he get decree of eviction against you. If you are stub born he cannot do anything. Lodge complaint and say you never vacate the house until court orders so. You must be bold get help of some local politicians and rowdies to protect yourself.

Kishan Dutt Kalaskar
Advocate, Bangalore
6230 Answers
499 Consultations

- As per law, if any landlord is forcing a tenant to vacate his tenanted premises, the landlord will be liable for action under the provision of law.

- This circular has already sent to all the state governments official with the order , which says that in case of violation of any of the measures stated in the order, the State Government should take necessary action , and the implementation of the order is to be ensured by the District Magistrate or Deputy Commissioner and Senior Superintendent of Police/ Superintendent of Police/ Deputy Commissioner of Police.

- Hence legally your landlord cannot force you to evict from the tenanted premises during the period of lockdown, his act of violation of law, can sent him behind the bar /Jail for 2 years period. 

- You should lodge your written complaint to the nearest police station .

- The complaint must contain the following details – name of the complainant, address, details of the landlord/homeowner, summary of the complaint, help needed.

- You can also sent the complaint via email or watsup as well, or can call police as well for lodging your complaint. 

 

Good luck and dont forget to rating Positively. 

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

1. Your landlord cannot force you to vacate the house during this lockdown period.

2. Police will not give you permissions to move your stuff during lockdown.

3. If your landlord harass you then you can call police that your landlord is forcing you to vacate the house during lockdown period.

4. Send a written request to landlord for extension of time for searching the house which you are not able to do due to lockdown in the state. 

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

Hi, 

Since the lock down is extended till 30 April, you can invoke force majeure clause and inform your land lord of your intention to continue as a tenant in the house till 10 May 2020.

Since you have agreed to pay the rent for next 2 months, your land lord cannot forcibly evict you. 

Your options are

1) Negotiate with the land lord or 

2) You can escalate the matter in the nearest police station or

3) Issue legal notice. 

 

Finding an alternative accommodation during these times may prove stressful as moving household items from one location to another will be a problem and instead you can stay in your present residence and look out for alternative accommodation once the lockdown is removed. 

Hope this information is useful.  

Rajgopalan Sripathi
Advocate, Hyderabad
2173 Answers
394 Consultations

Dear sir/madam,

In the present COVID 19 pandemic, you are suggested not to move to another location and you may take the help of administration against landlord for his rude attitude and stricting for agreement whereas it has been declared by govt that no landlord will harass the tenant even for non payment of rent. Here you are ready to pay the rent also.   

Ganesh Singh
Advocate, New Delhi
7169 Answers
16 Consultations

You need not worry.

No prudent person will insist to expedite the things under prevailing circumstances.

You request your LL to extend the time for vacating the house by one / two months post lifting of lock down and offer to pay rent to said period (record the discussion in your hand set), failing which. 

You address letter to your LL expressing your willingness to pay rent for extended time i.e., by one / two months post lifting of lock down and send it through Regd. Post Ack. Due.  (Postal Department is working).

Failing which, you seek intervention of Police with the above proofs.

Further, if LL stops any basic amenities i.e., water, electricity etc., he will be punishable under law.

 

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

Dear Sir,

It is better to give complaint to the police against  the land lord.

 

No rent, property owners ask tenants to leave, get warned by police

Despite government orders that no property owners would force tenants to pay rent during the lockdown, some migrant workers in Karnal have claimed that they were being forced to vacate their houses as they could not pay rent.
After getting information, police reached the spot and warned owners of action if they harassed renters in future.

Jile Lal, one of the tenants, said the owner of his house had been harassing him for three days and was asking him to vacate the house. “I am not earning anything due to the lockdown. I have requested the landlord to give me some time and I will pay him as soon as I get to work again, but he did not listen to me and asked me to leave,” he said.

A middle-aged woman approached Karnal city police station with similar allegations against the owner of the property she had rented. Harjinder Singh, SHO of the police station, confirmed the incident and said landlords had been warned against doing this in future.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Netravathi Kalaskar
Advocate, Bengaluru
4951 Answers
27 Consultations

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