• Forced vacating from my rental house by owner

My age is 74 years and my wife age is 65 years .Today  my rental home owner asked us to vacate the house  with in a month. I am residing in same house for last ten years and. my wife health condition is also not good and taking bed rest due to knee joints pain.I can not vacate the house at this present condition.Kindly advise me regarding   house problem.
Asked 10 months ago in Property Law from Vijayawada, Andhra Pradesh
Religion: Hindu
Does the rent agreement mandate a one month notice period either way? If the answer is yes then the landlord can execute the clause. However, you cannot be evicted without court orders even after the expiry of one month. If you apprehend that you may be forcibly evicted from the property then immediately file a suit for injunction.
Ashish Davessar
Advocate, Jaipur
19611 Answers
507 Consultations
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The house owner cannot ask you to vacate the house by force. 
 He has to follow due process of law.He first has to issue legal notice citing reasons for instructing you to vacate the house and after that he can approach court seeking its order for evicting you.
This is a long and cumbersome process but he cannot take law in his hand.
If he is arrogant and atrocious you may prefer a complaint with the police or the judicial magistrate court with a petition seeking protection against the illegal acts of the house owner.
T Kalaiselvan
Advocate, Vellore
17525 Answers
165 Consultations
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1) what are the terms of your rental agreement ? 

2) if agreement provides issue of one month notice to vacate you would have to vacate on expiry of period of one month 

3) if you fail to vacate landlord may file suit for eviction against you 

4) eviction suits take around 5 years to be disposed of 
Ajay Sethi
Advocate, Mumbai
27370 Answers
1488 Consultations
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1. You can not be evicted by your landlord without due process of law,

2. He has to file an eviction suit against you which will take ages to be decided by the Court,

3. Lodge a police complaint immediately if your landlord gives you any verbal treat to get you evicted by applying force or assaults you.
Krishna Kishore Ganguly
Advocate, Kolkata
13602 Answers
292 Consultations
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file a case before the court of small causes and take time for eviction. court is empowered to stay if tenant has no other accommodation in the city or unable to move easily. 30 days of notice is mandatory by in certain circumstances it may be extended. 
Shivendra Pratap Singh
Advocate, Lucknow
3156 Answers
47 Consultations
4.9 on 5.0

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