Protection against eviction by landlord
SOMAK ADHYA
(Querist) 18 June 2012
This query is : Resolved
Dear Sir,
I reside in a rented flat on Lake Gardens area, Kolkata, since 2010, August. From June, 2012 onwards I am paying a consolidated Rent of Rs. 12,000/-. Although the last agreement with Landlord was expired on 31.05.2012. New agreement is yet to be made. New Rent is fixed mutually. Although it was verbally agreed by Land Lord in 2010 that I can occupy the flat till at least for 5 years. Now landlord is saying to Increase the rent up to Rs. 12,650/- and even the agreement to be made up to December, 2012. After that I need to vacate the flat. I do not have any other owned immovable property in Kolkata. I have an ancestral immovable property in Kolkata, but that is also occupied by a tenant residing for more than 40 years and paying Rs. 100.00 rent under rent control.
So, I am not in a position to move to my ancestral house.
My question is a) Can my landlord force me to vacate the flat, though he and his co-owner have residential flats in Kolkata? Co-owner of flat (Sister of Landlord) resides in USA.
b) Can I apply to the Court for establishing a fair rent of the flat?
c) Can I get sufficient time to relocate myself by applying to the Court?
d)Kindly tell me the remedial measures I can take against my landlord for this unjustified eviction.
Sankaranarayanan
(Expert) 18 June 2012
your land lord can force u to vacate urs with three month notice , but ur own property case is little different
Advocate Bhartesh goyal
(Expert) 18 June 2012
Your landlord can not disposes you forcefully but after completion of agreement period he will serve you a notce to vacate the premises and if notice is not complied with than he will have to move court.
Shonee Kapoor
(Expert) 18 June 2012
Nothing left to be added.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
