1. Entered into a 11 month Registered Lease Deed with Landlord on 27/07/2015. Registration fees paid equally. 2. Consideration is 37000/- per month in advance (11 PDCs) + 1 month Security. 3. Landlord not banked any cheques till date as per my bank online enquiry - cheque displayed as unused. Account has enough balance to honour the cheque - no bounce message received from Bank. 4. Received a Notice to Vacate from Land Lord today by Speedpost. Notice Dated 19th August 2015, asked to vacate by 15 October, 2015, using clause that mentions 1 month notice on either side without assigning any reason. Only writes, I quote "The has been a BREACH OF TRUST between you and me and has affected my INTEGRITY, TRUTH UPRIGHTNESS" 5. Shifted with family and aged parents - cost of moving = 50 K packing and transport+ leave for 3 days+ plus Brokerage paid by cheque. 6. Reshifting causes immense trouble again especially since my children are school going and I have to rework the whole formalities or change of address across. So is this notice good in Law? I do not want to stay with a Litigant Landlord but is there someway I can contest it and vacate during the winter vacations. In my previous house I stayed for nearly 07 years without any cause of concern and I am in a responsible position in a highly respectable organisation.
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1. You have every right not to vacate the house and ignore the eviction notice.
2. Since you need time to shift do not shift on the basis of the notice alone.
3. The landlord at the most can file suit for eviction which take years for disposal which I think would be enough for you to find alternative accommodation.
4. So enjoy the property till you decide to move away.
the notice issued by the landlord to cancel the subsisting lease deed is good in law, none the less since it does not assign any valid reasons for termination the same cane be questioned before a competent civil court.
File a Injunction suit against the notice received by you, pleading before the court to grant you an interim stay until the winter vacation to make alternative accommodation and on health grounds for your aged parents and against any illegal action from the landlord without following the due process of law.
The court will definitely grant an interim order to protect your interest.
1. What is the breach of trust attributed to you by the landlord?
2. If he has not presented the cheque to his banker then he alone has to answer why he did not do that. The giving of cheque to the landlord, with sufficient funds to honour it, is sufficient discharge of the contractual obligation by the tenant.
3. He can evict you only through court. If he goes to court it will issue you a notice to enable you to enter defence to contest his case.
4. However, do not omit to reply to his lawyer's notice through your lawyer.
1) does your agreement not have lock in clause
2) generally in agreements 6 months lock in period is provided
3) if as per agreement either party can terminate agreement without assigning any reason you a rebound to vacate on expiry of notice period
4) you should reply to notice deny the allegations made
5) raise the issue with broker and ask him to find you alternative flat without any brokerage as only one month has passed since you have flat on leave and licence
Hi, The notice sent by the land lord in not valid and as the leas deed is the registered lease deed and lease will not come to an end so he can't ask you to vacate the property during the subsistence of lease period.
2. Land lord has authority to issue a notice to vacate the property only when the tenant has breach the terms and conditions of the lease and in your case you have not violated any terms and conditions of lease and moreover the landlord has to prove the breach before the Hon'ble Court and it is difficult for him to prove the same before the Hon'ble Court.
3. So it is my advice better you contest the case on merits.
The decision by the landlord asking you to vacate the house unilaterally is no doubt inhuman but you should make sure that whether his such action is in conformation with the clause he referred to as found the registered lease agreement.
No doubt he has given three months notice to vacate but what about the PDCs in his possession and about the registration charges as well as the stamp duty paid for registering the lease agreement which has not come into force till this date since he has not encashed the cheque towards monthly rent so far. The landlord's legal notice should be replied by you but since you do not want to vacate the premises now hence you may issue the reply by the 1st week of October-15 by registered post refusing to vacate the premises for the reasons stated by you in your question i.e., your children education, broker's charges, shifting charges, transportation charges etc.
After that he has to approach court seeking eviction, which if contested with diligence, it can be dragged on for years, by then you can choose a better accommodation for a peaceful stay.
The notice issued is not through a lawyer but his own letter sent by Speed Post. Tried contacting over phone and when he did not pick up, SMSed and when still not responded sent the agent to his address and he refused to speak to the agent. Do I reply personally or through a lawyer or through filing an injunction? And by when should this be done?
You need not do anything. Simply stay in the property till you decide to move to another place.
Have his notice replied through your lawyer. If you apprehend that he may throw you out then it will be prudent to seek injunction which can be sought by filing a lawsuit.
1) get reply drafted by lawyer but send it on your letter head
2) if there is no lock in clause in your agreement you are bound to vacate on expiry of notice period
3) you can seek extension of time to vacate from
The landlord
I think I have given a clear reply to your subsequent question too in my earlier post. You may go through my answer once again fully which will clearly guide to follow the further procedures in this regard to handle this situation properly according to the prevailing circumstance.
You can issue the reply notice either by yourself or through your advocate, it will be advisable to engage an advocate for issuing reply to the notice received so that itcan be followed through for the injunction sit also through the same advocate.