Tenancy related issue...
sanjeet
(Querist) 08 July 2012
This query is : Resolved
Dear Sir,
I am a student living in East Delhi in a rented accommodation for last 2 years. There is no rent agreement and the rent paid by me is Rs.3,400 per month which is being paid by cheque or by cash deposit in bank (I have all the receipts with me). Recently I was asked to vacate the room as the house has been sold. I told my landlord that I will vacate the room as soon as I get another accommodation. 10 days have passed and I could not find a suitable accommodation for myself. Subsequently I was asked by my landlord to vacate the room or pay Rs.6000 as rent. Rent was revised in the month of Feb this year and I am paying my rent on time. I wish to know what remedies I have as per applicable laws. Also, what should be the minimum notice period in this regard. i need more explanation as well as procedure and notice period....
ajay sethi
(Expert) 08 July 2012
1) terms of leave and license have to be in writing between parties
2) agreement has to be stamped and registered .
3) in your case no proper procedure has been followed . no agreement ahs been entered into .
4) gnerally agreement contains a clause if licensor or licensee desires to terminate the agreeemnt one or 3 months notice period is necessary .
5)since you dont have any agreement you cna refuse to vacate . inform landlord that you will vacate at end of 3 months .
4) generally after 3 years there is a clause that rentals will increase by 10%^. in your case licensor wants 100%increase . refuse to pay enhanced rent
7) if you refuse to vacate licensor will have to file suit for eviction . however in absence of written agreement you cn atake the plea that you are a bonafide tenant not a licensee
Raj Kumar Makkad
(Expert) 08 July 2012
Your landlord has got no right to revise the rates of rent as he has threatened to charge as only 3-4 months ago, he has revised those rates. Moreover, a period of minimum one month is required to the tenant to vacate the premises even if there is no writing and brotherly relations are to be maintained. The action of the landlord is illegal. You should seriously try to search alternate accommodation and till then should retain the premises on the same rent as you are already paying.
ashutosh mishra
(Expert) 10 July 2012
Your tenancy is legally month to month.
you can not be evicted forcefully.
your land lord needs to serve you a legal notice of eviction giving you time of one month under section 106 of transfer of property Act,if the building is not governed by Delhi rent control Act.
If you fail to comply with notice land lord shall file a civil suit of eviction in civil court.
Rent can not legally be enhanced in arbitrary manner.
