Eviction
Sandip Chakravarty
(Querist) 14 February 2012
This query is : Resolved
Sir, I have been living in a rented premise for the last 13 years. Both I and my mother do private tuition, our sole source of income, on the premises. It is a 2 story house and we live on the 1st floor. The landlord lives in Germany and his entire family is settled there. Now suddenly he wants to develop that property and has asked me to vacate in 15 days. I have been paying the rent regularly without delay for the last 13 years and have all receipts. The rent was paid into his bank account, but the bank has informed me yesterday that he has closed the account and now he refuses to accept rent. The promoter has threatened with police action in 7 days. He leaves for Germany on 22nd of February. What should I do now?
Adv.R.P.Chugh
(Expert) 14 February 2012
Dear Sandip,
You've not mentioned about any lease agreement in writing or even the city that you living in - so I can't tell what rent law applies to you.
However if there was no agreement and rent control legislation is not attracted the landlord is within his right to give you a written notice of eviction under section 106 of the Transfer of Property asking you to vacate within 15 days. Following which he can file a civil suit for recovery. Which is bound to take some time. Don't worry about the police - they can't do anything except try to pressurise you as it is purely a civil matter.
Sandip Chakravarty
(Querist) 14 February 2012
Sir Chugh, I am from Kolkata. There is no agreement. I pay a rent of Rs. 6000
