As house tenant since birth from 55 years what are my rights?
Manjunath
(Querist) 13 December 2015
This query is : Resolved
Good morng Sir
I am from Bangalore. My grandparents took a house on rent in the 1950s. I was born in 1960 and continue to live there since 55 years. My grandparents and father are no more. Mine is only ground floor house 1 BHK. There is no first floor, etc.
My wife and children are staying with me. My landlord who stays in the next building has asked me to vacate the house within six months as he wants to construct a huge building by demolishing my house and other houses adjacent to it. The people in other houses are on lease and the period has expired. I am the only tenant.
I asked landlord for two years time for which he said he is unable to give. He asked me to sign on a letter stating that I have been thankful for having allowed me to stay here on lease and I will be vacating in six months. (I am paying rent) I have rent receipt for last ten months. Before that he was signing in a small book for rent received. I have the rent books from 1970 onwards.
As we are in good terms with the landlord and his family for three generations I signed the letter.
What can I do? I am unable to take another house on lease or rent with today's exhorbitant rates. I am the only earning member in my family.
Please advise. Manjunath36@yahoo.com
Thanks in advance.
P. Venu
(Expert) 13 December 2015
The letter that you have signed makes no difference. He cannot forcibly evict you.
As you are on good terms with the Landlord try to work out an amicable settlement.
Manjunath
(Querist) 13 December 2015
Sir, I was looking for some legal recourse to get some financial help from him so that I could take a small house on lease.
I still have about four months to vacate. My landlord is well off (very rich) with more than ten tenants commercial / houses.He is demolishing the building as it is old and he wants to put up huge building to earn more. Though my house is very old but it is in very good condition as I have been repairing it regularly.
Guest
(Expert) 13 December 2015
There is need in India to balance rights of tenants and landlord. India is perhaps one of few countries in world that have laws in too much favor of tenants to the extent it has become abuse of welfare measure. Landlord will remain landlord even if you are there for 100 years. Why you want to keep occupying the house if landlord does not want.?
You have good relation . So ask for 40% of current market rate of same unit at same location . You can work out that by plot area under the house and going rate in that location. That would be fair to both of you.
If tenancy laws are changed in India, lot of accommodation will come in market and housing problem may go. But who wants it? Politicians? Builders? Land mafia? None.
Guest
(Expert) 13 December 2015
If you are on lease than situation is little different. What was period of latest lease? and its duration. Was it registered? Did you pay market rent or old rent?
Rajendra K Goyal
(Expert) 13 December 2015
Either maintain your good relations and vacate the premises or move legally for retaining the premises till acceptable proposal received from them.
Discuss with your lawyer before taking any step.
Manjunath
(Querist) 13 December 2015
Sir as I have already said, I am a tenant paying monthly rent. As my grandfather was the original tenant followed by my father and now me. There is no agreement before 60 years. We got monthly rent receipt.
But I am not paying market rent, only old rent. I do not want to trouble the owner because we are on good terms. But he is asking me to vacate in six months in spite of my asking for time of two years. My son school closeby, and for me to adjust money to go and take another house on lease.
I don't want to ask owner for money for vacating as it sounds like blackmail. But my problem remains.
Kumar Doab
(Expert) 13 December 2015
You have posted that:
"Sir, I was looking for some legal recourse to get some financial help from him so that I could take a small house on lease."
"I don't want to ask owner for money for vacating as it sounds like blackmail."
Both are in different connotation and have different meaning.
You may chat with landlord for what you want and a local lawyer for legal recourse.
Devajyoti Barman
(Expert) 14 December 2015
The duration of your stay in the property does not make your case stronger.
No agreement for money in lieu of vacating the tenanted property is valid since the same is opposed to public policy.
So either you contest the eviction suit and stay in the property till eviction decree is granted or quit on amicable terms.
Guest
(Expert) 14 December 2015
Coming out law for a few seconds, we would advise you to negotiate for settlement (Called PUGRI) and vacate house. Because if the owner has decided to rebuild property and neighboring one is also his , he may make your life hell in coming times. In India despite big talks by lawyers , they may not be able to stop this process. So it is wiser to settle matter and leave. Read my above suggestions again.Many times using brain more than law helps.
Manjunath
(Querist) 14 December 2015
Sensible advise Guptaji. Thank you.
K.S.Srinivas
(Expert) 16 December 2015
It is better to vacate the house in your interest and also in order to continue good relations with the land lord. If you do not vacate, the land lord may create problems daily which in turn creates mental problems to you. Another thing is that the land lord asked you to vacate the house to build a bigger complex, but his intention to not to harass you by asking you to vacate.
T. Kalaiselvan, Advocate
(Expert) 23 December 2015
You may drag on the proceedings of eviction suit by a few years and for that you may have to pay your lawyer to maintain your status in the rented house as a tenant.
Therefore in your interest look for a better house at the earliest possible, leave the house on a good and cordial note, maintain the good relationship with the owner as usual, if need be you may ask him to extend the time by another three to six months.
The experts have advised you various steps for an amicable exit, utilise the suggestions which ever favors you.
Manjunath
(Querist) 23 December 2015
Thank you so much for the practical and sensible advise given by you Sir.
