She has all the rights to direct you to leave the flat if she has given you notice for the same snd there is no lock-in period. You need to pay the rent pending and will receive deposit from him. You can stop a. Landlord to vacate you from his house unless she is violating terms of agreement
Owner has asked me to vacate flat before the agreement period
Hello Sir, I have a registered Leave and License agreement with the Owner for 33 months,along with Police verification, and I've been staying at the Owner's property for 14 months.The rent in the agreement mentioned as a) Rs 17000 per month for the first 11 months b) Rs 18000 per month for the next 11 months c) Rs 19000 per month for the next 11 months The rent in my area has risen due to demand for rented property, and the owner wants me to vacate the flat as she is looking for a tenant who can give her 25,000 a month as rent. She gave me a reason that there is a complaint about me that from my AC, there is a leakage. I informed her that I will get this rectified.The owner has now asked me to vacate the flat before the agreement expires. She has not served me with a written notice to vacate the flat. She told me to leave the flat orally and over the phone, which I recorded. She also informed me on phone that if I am willing to pay 25000 as rent then I can continue. Please advice on what I should do in this situation. I had already paid a brokerage fee of 35000 (2 months) because the deal was for 33 months, as well as relocating and other costs. A point to highlight- The rent was 17000 till the end of May. I forgot to pay one month's rent for January 2023, which she also forgot. And she never requested that rent. I've been paying her 18000 rent since June.
Asked 2 years ago in Property Law
Religion: Hindu
17 Answers
Owner has to issue you written notice to vacate premises
2)kindly clarify whether there is any lock in period in agreement
3) if there is no lock in period you have to vacate on expiry of notice period
4) you can refuse to vacate .in that case licensor will have to file eviction case against you
First kindly check your Leave and License agreement termination clause whether in the clause it mentioned to vacate from either side to give one or two months oral or written notice than you have to vacate. Irrespective of reason.
If she is not full filing the termination clause than you can drag this issue till 33 months of till you get new place on rent.
1. It is strange that payment of rent has been forgotten and the land lady also has forgotten to collect the same. may be that she will allege one day that you have been paying the license fees after one month. If she says so, take the stand that you have already paid in cash but she has not issued the receipt yet.
2. You can refuse to vacate the flat and issue her a letter clearly mentioning that you will strictly comply with the leave and license agreement entered in to both of you and will not leave her flat before the scheduled month.
- As per law , the landlord can evict the tenant only after expiration of Leave and License agreement.
- However, if there is not condition of eviction is mentioned in the agreement, then the landlord can terminate the agreement after issuing a legal notice under Section 106 of the Transfer of Property Act, 1882.
- Further, the landlord cannot increase the rent during the period of lease agreement , if the agreement having no clause for the same.
- You can reply to her notice after mentioning that legally you have right to occupy the tenanted premised till the expiration of the lease agreement.,
- If creating problem ,then you can get order of restrain her from the court.
You can refuse to vacate the premises before the expiry of the current rental agreement period.
If she is putting more pressure, you can file a suit for permanent injunction against her to restrain her from evicting you forcibly other than by due process of law.
Let the case go on for years, she cannot charge you enhancement of rent also and if you are not paying the monthly rental amount then she can only file a petition before court during the pendency of injunction suit asking you to pay the monthly rental amount to her, that petition also will come a round for 6 months or more.
By the time you can look for a better rental premises and shift
Whatever she cannot evict you without giving one month notice period if that is mentioned in the agreement
Landlord cannot force tenant to vacate property before expiry of leas as long as tenant pays regular rent. In case of default, the landlord has to issue notice and seek payment of rent. Once tenant clears arrears of rent, landlord cannot force tenant to vacate premises. But such concession is allowed only one time. You can pay the pending rent without any demand from her. If you want you an approach Court and obtain stay against any attempts to forcefully vacate you.
Plz check if there is any clause for a lock in applicable to the licensor, in your leave and license agreement
if there is no such lock in clause against the licensor, then check whether there is any other clause in the agreement which entitles the owner to terminate the contract without assigning valid reasons
i will need to see the agreement before commenting further
You cannot be made vacate the flat illegally even after expiry of agreement. Refuse her straight and tell her to go to court.
In this situation, you have a registered Leave and License agreement with the owner for a period of 33 months. The rights and obligations of both parties are governed by the terms mentioned in the agreement. Firstly, it is important to note that the owner cannot unilaterally ask you to vacate the premises before the expiry of the agreement unless there is a specific provision in the agreement allowing for early termination under certain circumstances. Generally, the agreement will lay down the procedure for termination and the notice period required. If the owner has not served you with a written notice to vacate the premises, her oral communication or phone conversation does not hold legal value. A written notice is typically required as evidence of termination. In case the owner has given you a reason for asking you to vacate the premises (e.g., the complaint about AC leakage), you have the right to rectify the issue within a reasonable period of time, as stated in the agreement. If the owner insists on asking you to vacate the property without following the legal procedure mentioned in the agreement, you have the right to challenge her eviction. You can approach the concerned Rent Control Authority or Civil Court having jurisdiction over the area where the property is located. The applicable Act for the jurisdiction of the Rent Control Authority or Civil Court will depend on the state in which the property is situated. Regarding the issue of the rent increase, unless there is a specific clause in the agreement allowing for periodic rent hikes, the owner cannot unilaterally demand an increase in rent during the term of the agreement. If you have been paying the rent as per the agreed terms and conditions, you are not obligated to pay the increased rent.
Dear Client,
You have the right to remain on the premises until the current rental agreement expires, and no one can force you out before then. If the situation becomes more intense, you have the option to take legal action by filing a permanent injunction against the other party. This legal measure would prevent them from attempting to evict you without following the proper legal procedures. Such a lawsuit could extend over several years, giving you time to find alternative rental accommodations. During this legal process, they would not be able to increase your rent. Even if you fall behind on monthly rent payments, they can only approach the court to request payment while the injunction case is ongoing, which itself could take around six months or more. In the meantime, you can explore new rental options. It's important to note that they cannot evict you without providing the one-month notice period stipulated in the rental agreement.
The Leave and Licence Cancellation clause is given below. Please let me know if the owner can ask me to leave the property based on the cancellation clause without a valid reason and with a one-month notice period. I always pay my rent on time. There is no lock in period and no terms or conditions other than those listed below. Cancellation: That, Subject to the condition of lock in period (if any), if the Licensee commits default in regular and punctual payments of monthly compensation as herein before mentioned or commit/s breach of any of the terms, covenants and conditions of this agreement or if any legislation prohibiting the Leave and License is imposed, the Licensor shall be entitled to revoke and/or cancel the License hereby granted, by giving notice in writing of one month and the Licensee too will have the right to vacate the said premises by giving a notice in writing of one month to the Licensor as mentioned earlier.
Asked 2 years ago
you have not committed any breach of terms of agreement
2) you have paid all rentals on time
3) no case for vacating premises is made out
The conditions are clear, the licensor has given you due notice as per the conditions hence the licensor can legally evict you
He can’t ask you to vacate in lock-in if you pay rent or if you abide with terms of agreement
The terms are unambiguous, and the licensor has provided proper notification in accordance with the terms. Therefore, the licensor possesses the legal right to proceed with your eviction.
The demand of owner in getting property vacated is unjustified, flimsy. The clause of cancellation is not applicable in your case. You can refuse to vacate.
- As per this clause mentioned by you , he has right to evict you after giving one months notice on the ground of non payment of rent .
- Since, you are paying the rent regularly , then the landlord cannot evicted you without giving one month notice with a valid ground.
- You can approach the court for restraining him from evicting you forcibly without a valid reason.