• Owner asking us to vacate purposefully without any valid reason

Hi, My owner is threatening us to vacate the premises without a valid reason.  We rented this flat in a resedential community 2 years back.  We agreed for a rent of 25000 pm.  The usual rate in my community when I took the flat for rent was 24000.  I agreed to pay 1000 extra because the owner was providing us with two 2 additional ac units.  However, we were not able to use them as they were not working right from the beginning.  Our neighbour's are all paying 25000 as rent now.  I am already paying 26250 as rent after a 5% increase least year.  This year, I asked the owner to consider postponing increasing the rent till next year as we are already paying more than the prevailing rate and also the ac's provided by the owner are not working.  Also, there are electrical and seepage problems.  The owner has now given us a notice to vacate.  The first reason she tells me is she wants to sell the house.  She did the same thing last year, threatened us to vacate if we don't increase the rent by 5%.  She thinks she can get much more higher rent from new tenants.  Other than that she has no reason to ask us to vacate.  Now she tells me that her brother wants the house to set up an office.
Asked 3 months ago in Property Law from Hyderabad, Telangana
Religion: Hindu
1) it is better you vacate the premises if AC are not functional and you face seepage problems 

2) your agreement must be containing a clause that licensor can call upon you to vacate the premises by issue of one month notice in writing 

3) if you fail to vacate then licensor will file suit for eviction against you 
Ajay Sethi
Advocate, Mumbai
23386 Answers
1229 Consultations
5.0 on 5.0
Dear Concerned 

Yes you are right she should give you a valid notice for vacating the house as per your lease deed. In case she is adamant on you to vacate the house - and you dont have any issues to it - ideally you should vacate OR ELSE 

You need to tell her that she should give a notice of termination of lease and In case there is any security deposit she should return before you vacate the house. (Their are possibilities that she would not return your security deposit)

Further if you do not vacate and keep paying rent - she would not be able to ask you to leave unless strong ground proven in court. 

So dont worry - and ask her to give you notice as per lease deed.

Best of luck.

Atulay Nehra
Advocate, Noida
444 Answers
15 Consultations
4.7 on 5.0
1. If the ACs given by the landlord were dysfunctional then you could repair them on your cost and then deduct the amount from the next month's rent payable to the landlord. Similarly all the basic facilities which were dysfunctional from the beginning could be fixed/repaired by you and then debited to the landlord.

2. The annual increase is unavoidable if it is mentioned in the agreement.

3. The landlord has to obtain court orders for your eviction, failing which she cannot evict you from the property.
Ashish Davessar
Advocate, Jaipur
18259 Answers
450 Consultations
5.0 on 5.0
Hi 
1) If your rental agreement stipulates a monthly rental and also some terms and conditions as long as you abide by the terms of rental agreement, the owner/Police/Any Court cannot ask you to vacate the premises.
2) Also the owner is bound to take care of maintenance of flats( Air conditioner, Electrical and Seepage Problems) so as to let the tenant enjoy the possession of property. It is her pristine duty to keep the flat in good condition and order failing which she is not entitled to receive the full rental. 
3) As rightly pointed out by you, your land lord(lady) is making lame excuses and forcing you to vacate .
4) Her lame excuses clearly outline her evil intentions of forcibly trying to  vacate you (how is it possible for her brother to set up an office in a residential community) and also under the guise of selling of the  flat. 
5All you need to do is the following
5a) Keep paying the rental month on month in to her bank account.
5b) File an injunction petition in the court restraining her from forcibly evicting you. Once you file the injunction petition , she will then realise that she has to fight a legal battle which might drag on for years and instead might offer you a good will amount (5 times/6times) your monthly rental and ask you to vacate . 
Hope this helps.

Rajgopalan Sripathi
Advocate, Hyderabad
873 Answers
43 Consultations
5.0 on 5.0
Hi 
1) Since the owner has not renewed the agreement, the rental agreement continues on a month on month basis. 
2) However since the owner has accepted and received an increased monthly rental ( from Rs25000 to 26250 ), so your agreement continues to be effective as an annual lease rental  agreement from the date you started paying a rent of Rs26,250-/-.
3) There is no law which stipulates that there should be a rental increase every year. 
4) You are liable to pay the monthly rental of Rs26,250-/- only till such time you vacate the flat or enter in to a new rental agreement with the land lord(lady).
Rajgopalan Sripathi
Advocate, Hyderabad
873 Answers
43 Consultations
5.0 on 5.0
Technically when you have not renewed the agreement you are in illegal possession of the property and hence no need to increase the rent. You can keep paying the rent as mentioned in the last signed agreement ....your landlord will not be able to recover the increased rent.....just pay the older rent......

Best of luck 
Atulay Nehra
Advocate, Noida
444 Answers
15 Consultations
4.7 on 5.0
if agreement is not renewed you are not liable to pay the increased rent 

Ajay Sethi
Advocate, Mumbai
23386 Answers
1229 Consultations
5.0 on 5.0
If the original agreement states that after every 11 months there shall be an increase, there is bound to be an increase. The agreement is required to be perused for concrete advise.
Ashish Davessar
Advocate, Jaipur
18259 Answers
450 Consultations
5.0 on 5.0
Since you are in possessor of the premises as a tenant by paying rent you are protected by law. The landlady\ owner has to follow due process of law for eviction. The premises is located within GHMC area and the monthly rent is exceeded Rs.3500=00 as such  the provisions of A.P. Rent Control Act not applicable. The landlady has to send a notice for eviction under section 106 of Transfer of Property Act after that only she can initiate eviction proceedings before a court of law, however you will get some time for eviction, it may be some years. Once you received eviction notice from her you can file a caveat petition. If there is any written agreement entered between you with regard to tenancy you have to increase the rent accordingly, if no written agreement you can deny for enhancement of rent.
Lakshmi Kanth
Advocate, Hyderabad
230 Answers
2 Consultations
4.8 on 5.0
With this type of arrogant and greedy owners, actually you will face tough time, if she is not listening to your pleas and not behaving properly, it would be better you vacate  and shift to some other place. 
Also you have not mentioned about the tenure of rental agreement and the conditions of the agreement.
You can revert with the details for more proper opinions and suggestions.
T Kalaiselvan
Advocate, Vellore
14166 Answers
128 Consultations
5.0 on 5.0
We have not renewed the agreement signed on 25th July 2014 last year.  The agreement does mention a yearly increase.  Am I liableft to increase rent every year?

You may have to abide by the conditions imposed if you have to renew the rental agreement and to stay there as a tenant. 
Now you decide. 
T Kalaiselvan
Advocate, Vellore
14166 Answers
128 Consultations
5.0 on 5.0

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