• Landlord and tenant

I am a tenant in showroom took place from 5 yrs agreement. now landlord send notice to vacate the premises, still 2 yrs pending and paid rent on time and tds also but interior done up to to 10 lakhs and I have misplaced the original agreement, I have got xerox agreement can I file the case to the landlord? Please do the needful. Thank you.
Asked in Civil Law from Bangalore, Karnataka
Each state has different tenancy laws; which state are you from? Generally, under tenancy laws, you may not be evicted without specified grounds under the relevant act.

However, you can, of course, file a case against the landlord. If you have rent receipts with you, the rent agreement may not be required.
Prabhat Shroff
Advocate, Kolkata
141 Answers
39 Consultations

3.8 on 5.0

Hello,

Thank you for your query. 

It appears from your post that you had a 5 year rent agreement with the Landlord. And out of which 2 years are still pending. The Landlord cannot get the premises vacated on the basis of a notice or by force. The landlord will have to file a case before the court of competent jurisdiction and after getting an order from the court only, the premises may be vacated. You will get an opportunity to defend yourself before the Court.

The Landlord will have to prove that either you defaulted in payment of rent or the Landlord needs the premises for himself.  So make sure that you never default in payment of rent. In case the landlord is not accepting the rent, get the same deposited in his bank and keep a receipt. Even during the pendency of the case, never default in payment of rent. 

Rest will depend on the trial. Do let me know in case you require any further assistance.
Nishant Bora
Advocate, Jodhpur
111 Answers
32 Consultations

5.0 on 5.0

The landlord shall have to file a case for recovering the possession of the tenanted property on the round of his need. He cannot just throw you out. As and when he files a case against you the court will give you sufficient opportunity to engage your lawyer and contest his case. If you fear being thrown out of the property by extra judicial means then as a pre-emptive measure you may seek injunction against him from the court.
Ashish Davessar
Advocate, Jaipur
19896 Answers
522 Consultations

5.0 on 5.0

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