Dispute with land lord
Tarini
(Querist) 20 January 2013
This query is : Resolved
Hi,
I had rented a flat 2 months back. A rent agreement of 11 month is in place.I had paid 2 months of advance while moving in. Because of financial issues, I could not pay the rent of first month after which the land lord kept harassing me for a few days and then terminated the rent agreement on sms on the pretext that he wants to move into his flat. Last Friday, the one month notice ended. But, since I could not find an alternative flat for myself, I asked for a few more days. But, he forcibly evicted me out with the help of the builder (the apartment is in a gated community and the builder is still there and society has not been formed yet) and threw my things out and changed the lock.
Kindly suggest me what action I can take against him? What are the legal remedies available? and can I get back to the flat legally after paying the due rent now?
Raj Kumar Makkad
(Expert) 20 January 2013
As the rent agreement has been terminated on your failure to pay the due rent hence the remedy except to accept the fate is not left with you.
No landlord can bear such tenant who do not pay his rent in time.
Tarini
(Querist) 22 January 2013
Can the other experts pitch in too? Is not it illegal to forcibly evict the tenant in India?
ajay sethi
(Expert) 22 January 2013
what were terms and conditions of agreement ? does it contain a clause that on failure to pay rent agreement can be terminated omn issue of one month notice .
if so landlord was entitled to terminate agreement . but landlord cannot forcibly evict you and throw you on the streets . he has to follow due process of law .
Raj Kumar Makkad
(Expert) 22 January 2013
Your grouse of forceful eviction is legal and justified but when it has actually been taken place, it requires a long battle to get the restoration of the possession.
