• Verbal agreement complication

I have taken a house on rent consisting 8 Bedrooms from the landlord over verbal agreement to set up an Old Age Home in the month of November'2014 at the consideration of Rs.35000 monthly. In August'2015 a new room has been added and the rent fixed at Rs.40000 monthly. Suddenly due to a financial hardship I was not being able to pay rent in a regular manner. Till March'16 I have managed to pay rent upto November'2015 & at this point of time a 3 months backlog persists which I have assured him that all the dues will be cleared and rent should be regularized within December'16. All the payment has been made through Account Payee Cheque. From the day 1 the landlord has been insisting to sign a 11 month's license agreement which i opposed and asked him to prepare a minimum 5 years lease agreement considering the nature of stay for the Elders. In the mean time I have incurred a huge amount ( approx. Rs. 4 lac in total )  for new furniture & fixture i.e. Cot, Mattress, Pillow, Linens, Dining Table & Chair, Mirror, Color Televisions with Set Top Box, Geyser, Inverter, Kitchen & Dining Utencils etc. Now just yesterday the landlord sent a SMS stating that after consulting with his Advocate he has appeared in a final decision -  I have to vacate his house within 11 months time frame.  In this scenario I am feeling  totally helpless & confused that within this short period of time how can I relocate the Senior Citizen Elders to a suitable house ? I urged the landlord to permit me to operate for minimum 4 Years time i.e. upto July'2018 stating this particular issue & also considering the huge investment I have already made for this venture but he is reluctant. 

Can I get legal help in this matter ? Please suggest.
Asked 8 months ago in Property Law from Kolkata, West Bengal
Religion: Hindu
1. The tenancy agreement need not be made in writing and verbal agreement is also very much valid in India.
2. However do not get worried about vacating the premsies just now as if you refuse to vacate the premises even after 11 months the landlord cna not force you out of the house.
3.To vacate you the landlord will have to file a suit for eviction and given the pace of litigation in courts in WB it will take not less than 4-5 years to get final order of eviction which would serve your purpose anyway.
Devajyoti Barman
Advocate, Kolkata
5192 Answers
54 Consultations
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1) it is at the discretion of the owner to decide the period for giving his premise on lease or leave and licence 

2) you cannot insist that owner give you premises for period of 5 years 

3) if the landlord had given in writing that you can use premises for period of 5 years then you would have had a case . 

4) it is difficult to prove any verbal agreement .

Ajay Sethi
Advocate, Mumbai
23206 Answers
1218 Consultations
5.0 on 5.0
if landord had agreed to to give you premises for 5 years and you have sms as evidence then let landlord file suit for eviction against you 

eviction suits take 5 years to be disposed of 
Ajay Sethi
Advocate, Mumbai
23206 Answers
1218 Consultations
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1. You should have gone for a rent agreement for 11 months as proposed by the owner. The 11 month agreement is made to avoid registration of it. If the term of agreement is 12 months then it requires a mandatory registration, so the agreement's duration is kept at 11 months, which can be periodically renewed. 

2. You should propose to the owner to execute a 11 month rent agreement.

3. Since there is no lease deed in your favour you are bound to vacate the property on demand. The owner can adopt the due process of law  to evict you from the property. If you apprehend that you may be thrown out of the premises then you may file a suit for injunction against the owner.
Ashish Davessar
Advocate, Jaipur
18095 Answers
448 Consultations
5.0 on 5.0
Since there is no formal written rental agreement or lease agreement between you and the landlord, due to the default in payment of rent, which has been admitted by you, the landlord my issue notice to vacate and failing to do so, he may file a eviction suit against you to get you evicted through due process of law. 
The default in payment of monthly rent is the chief cause for this mental and physical harassment., 
Legally you cannot force the landlord to enter into a lease agreement, especially after occupying the rented property/premise. 
You may have genuine reason to put your stay back in the premise but legally you cannot claim it as a right especially when you stand defaulted in the monthly rental payments. 
However for the present since the landlord is agreeing for 11 months agreement, you can enforce the agreement from this day and remain there for another 11 months, after that you can approach court seeking its mercy on the basis of old age  occupants residing in the premises, the court shower sympathy on you on that ground at that stage, so without agitating now itself, move the coins silently and do the desired things properly at a later stage. . 
T Kalaiselvan
Advocate, Vellore
13985 Answers
127 Consultations
5.0 on 5.0
There is no written agreement in this matter & we have not signed in any single paper till date. All the payments as Rent I have made through Account Payee Cheque. There are several SMS sent by the landlord to me indicating the term House Rent.

If the house owner tortures more and more, file an injunction suit with an application for temporary injunction too against the house owner citing the difficulties you face especially while maintaining the old age inmates. 
You will get injunction based on the previous rental payment details produced before court. 
T Kalaiselvan
Advocate, Vellore
13985 Answers
127 Consultations
5.0 on 5.0

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