Owner forcing out in lock in period

Legally landlord can not initiate any proceedings to evict you until the lock in period expires.

Can landord initiate notice in the middle of the month after lockin expires or does he need to wait for first of the the next month before initiating it ?

But, the agreement says that 

""After completing first three months of this lease agreement, both the parties shall be entitled to terminate this lease deed by giving a one month notice to the other party on first day of the month."

Also there is a clause that the rent has to be transferred before the 5th of every month.

So, why should the first of the month be not aligned to 1st of the month after expiry of lock in, since the lockin is expiring in the middle of the month.

Hi,

As per the Rent Control Act, a tenant can be evicted only after giving a valid notice of 30 days or as perthe terms of the agreement between your landlord and you.  And since your notice period specifically states 3 months as the lock in period, your eviction notice will have to be after the expiration of such period. 

With regard to the clause stating "After completing first three months of this lease agreement, both the parties shall be entitled to terminate this lease deed by giving a one month notice to the other party on first day of the month...", it id to be noted that as per section 3(35) of the General Clauses Act, 1897, a month refers to a month as per the British calendar.  So accordingly, 3 months as per your agreement end on 31 December 2021 instead of 9 January 2022.  

In the light of the above, the owner's action of issuing you a notice dated 1Jan 2022 is permissable.  

However, if you are still wish to contest your eviction, you may always approach theRent Controller Authority of your state and file a complaint against alleged arbitrary eviction after due consultation from your lawyer.  

Best regards,
Megha