Court will not direct you to vacate premises if there is no termination clause in your contract . You have paid rentals on time no provision for increase in rentals
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I have 3 year registered leave and licence agreement in Mumbai. My landlord is a greedy person. After 13 months completion he wanted to increase rent by 45% . On my refusal he served me 1 month notice to leave. As per agreement notice can only be given in case I default on rent payment. I have been 100% regular in paying rents. What are my rights. Can court order eviction before 3 years despite clear provision in the registered agreement. Can I claim damages for harrasment by landlord.
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Court will not direct you to vacate premises if there is no termination clause in your contract . You have paid rentals on time no provision for increase in rentals
Send reply to legal notice
The termination clause clearly says that 1 month notice can be served for eviction only if licensee/tenant defaults on rent or on any other conditions of the agreement like sub tenancy modification etc. So ideally if this is complied with by the tenant. Evcition notice shud be void and illogical.
You should then reply to legal notice that you are not liable to vacate premises as there is no default on payment of rentals are concerned
Yes, notice is void. Get replied the notice from a civil lawyer. In case, a suit is filed against you, defend it. They can evict you only after due process of law which is prima facie in your favor.
If the licensor is permitted to terminate the license only on default of the tenant in complying with conditions under the agreement, then any termination notice issued otherwise than for any breach, will be illegal
If you have a valid rental agreement containing the clauses as what you have mentioned here, you can very well challenge his case before court and get it dismissed.
You may have to instruct your lawyer to fight it out properly based on the documentary evidences in your support to get the eviction suit dismissed.
Since you have not breached or violated the conditions of the rental agreement and also you were regularly paying the rental amount, the landlord cannot succeed with his intended eviction suit, you may challenge it properly
Id he has an option to vacate you by giving one months notice you can't object to it. But if agreement says he can't evict you except non payment of rent then you have good case. You can go in appeal before appellate court
Dear client,
You may bring about legal action against your landlord. Since raising the rent by 45% is a very large amount, he cannot expect you to pay that much immediately. Because you were regular with your rent payments, he cannot kick you out like this.
Thank you.
- Since, this agreement is locked for the period of 3 years period , then the landlord cannot evicted you on any ground and even not raise the rent , specially when you are paying the rent regularly.
- If the landlord giving you notice for eviction , then you can approach the court for filing Injunction suit for restraining him to evict you from the tenanted premises.