It is necessary to peruse terms of leave and licence to advice
2) is there lock in period mentioned in leave and licence agreement
3) was notice for eviction given as per terms of leave and licence agreement
I am a tenant with registered leave & license rent agreement with 36 months tenure from july 2021 to june 2024 my old landlord sold the property to new owner in august 2022 without informing me(tenant) and also without informing the new owner neither it is mentioned in their sale deed. now after the sale deed is done in august 2022 the old owner has filed an eviction suit against me in rent control authority mumbai. i have already paid him total advance rent till june 2024 (the end of my tenure) can the court give order against me?
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It is necessary to peruse terms of leave and licence to advice
2) is there lock in period mentioned in leave and licence agreement
3) was notice for eviction given as per terms of leave and licence agreement
rent agreement is of 36 months starting from july 2021 to june 2024. Lock in period is of 18 months starting from july 2021 to december 2022. notice of eviction was received 2 times with different themes. and afterwards summons from rent control authority contained a theme where me as tenant sent notice to evict and then after the landlord sold it to new buyer i am not vacating the property which is totally false.
You can contest the eviction proceedings
that you had signed agreement for 3 years and will vacate premises on expiry of leave and licence period
If you are a tenant and ge has ground of eviction then he has right. If you are licensee then he needs to adhere to leave and license agreement of any between you and earlier owner before eviction
In leave and license the term License means limited rights/set of rights given by one party to another to perform certain actions in or upon the immovable property, such rights are personal and non-transferable.
For tenancies that are longer than month-to-month, the landlord cannot end the tenancy without cause until the end of the term. However, the landlord does not need to give the tenant notice to move out at the end of the term unless the lease specifically requires it.
Therefore the landlord cannot evict the tenant under this arrangement before the expiration of the agreement period until and unless there is a breach of contract committed by the tenant.
You can file a suit for permanent injunction against the landlord from forcing you to vacate or initiating steps to evict you forcibly or even by due process of law before the expiration of a valid agreement in this regard.
The court will not favor the landlord if he is at fault
The terms and conditions of the agreement are to be perused to render a proper opinion to the newly added facts in your subsequent post.
Hence you may revert with the details of the agreement by which the landlord is trying to put force on you through court to get you vacated by due process of law.
It is unfortunate that your landlord has misrepresented their full responsibilities regarding their duty to notify you of the sale and their obligations as your landlord.
you should hold the landlord accountable for the misrepresentation and file a counterclaim against them with the rent control authority.
you may seek damages for the breach of contract for the period of time that you had paid for a lease and occupancy of the property.
Once you have paid the rent in advance it is your right to stay till june 24, or the new owner has to pay back the advance. Once the property is transferred it is transferred with all the encumbrances.
my question is now since the old owner has sold property to new owner, can the old owner eligible to file eviction suit in rent control authority? or the new owner has to file the eviction suit?
- Since, there is a registered leave & license rent agreement with the old landlord , and further you have already paid the rent in advance for the entire period , then you cannot be evicted on the ground of selling the property.
- Further , as per the law, the landlord cannot evict the tenant for five years if all the rent is paid on time , except a court order on a reasonable ground.
- Further, if the landlord insisting then you can file a petition before the civil judge for getting stay order.
- Further, if the old owner has filed the said eviction petition after selling the property , then he is not entitled to get relief from the court , and his case is not maintainable.
The new owner cannot file an eviction petition against the tenant but he can file a suit for specific relief against the seller seeking delivery of possession of property on the basis of the registered sale deed on his name.
However, in that case you can file a petition in the same suit to implead you as a party to the suit in the capacity of licensee and produce the copy of the leave and license agreement to prove that your tenancy and can also file an injunction petition to refrain the plaintiff from evicting you till the expiration of the leave and license agreement.
The old owner since sold the property cannot claim title to the property hence the eviction suit he may file may not be maintainable without having title to the property.
1) leave and licence agreement was signed by you with licensor
2) after sale of flat licensor has to deliver vacant possession
3) he can file eviction suit against you
it is the new owner who must file the eviction suit in the Rent Control Authority. The old owner no longer has any legal rights to the property and It would not be maintainable without having title to the property.
1) Old owner cannot file any such suit if the property gets transferred to the new owner.
2) Kindly visit for detailed consultation as piecemeal advice doesn't benefit anybody.
1. No. The Court will not pass order for your eviction since your landlord has already signed a leave & license agreement for 36 months till June 2024 and has collected the license fees from you as advance.
2. He can file the eviction sui after June'2024 and shall have to wait for Court's order for your eviction.
The landlord can sell the property but shall have to inform you about the change of ownership of the leased premises to enable you to consider him as the new landlord for all purposes.
1. The old owner is not the owner of the leased property as of now for which he can not ask you to leave the premises now. He should have filed the suit before hand.
2. The new owner shall have to file the eviction suit against you.
In general, a new owner of a property would need to file an eviction suit in court if they wish to evict a tenant. However, the specifics of the situation depend on the terms of the sale agreement between the old and new owners. If the sale agreement stipulated that the old owner would retain the right to pursue any eviction suits that were already in progress, then it may be possible for the old owner to continue with the eviction suit against you.
That being said, it's important to note that you have a registered rent agreement with the old owner that is valid until June 2024. If you have paid the rent as per the terms of the agreement, then you have a legal right to occupy the property until the end of the lease term.
If you have received a summons from the rent control authority, it is important to consult with a lawyer who specializes in landlord-tenant disputes to understand your legal options and how to respond to the summons. They can also help you navigate the situation with the new owner and ensure that your rights as a tenant are protected.