tenant protection
naveenraj jain
(Querist) 18 June 2014
This query is : Resolved
The land lord to the Tenant died after 5 years of lease agreement. thereon rents were paid to landlord's son X monthly though landlord had other children. Few years later X approached and wanted to sell the property. Tenant quoted his rates which X did not agree. Talks fell apart. �these legal heirs including X sold the property to someone. Now the new owner is asking Tenant to vacate or make fresh agreement to which Tenant requested time of one year.
Past 18 years this Tenant is running business now all of a sudden these things happens.
naveenraj jain
(Querist) 18 June 2014
Lease agreement was for 5 years which expired in 1996.
Lawyer SALEEMA KABEER
(Expert) 18 June 2014
If the transfer of ownership of a property has been brought to the knowledge of tenant, then, it is the duty of tenant to pay the rent to the new owner since he is the present landlord. Therefore, fresh rental agreement can be made.
But, it doesn't mean that the new landlord can evict the tenant without due process of law. You can very well avail the protections provided to the tenants under law, even against the new landlord.
Lawyer SALEEMA KABEER
(Expert) 18 June 2014
If you are able to show that you are regularly paying rent which have been accepted by the landlord or his representative without objecting your possession as tenant, then it will be taken as there is an implied contract even after the expiry of written lease agreement.
ajay sethi
(Expert) 18 June 2014
tenant should enter into fresh agreement with new landlord .
naveenraj jain
(Querist) 18 June 2014
Thank you sirs.
New landlord has not given any notice of informing change in ownership..but was asking for rent which Tenant has disgreed to pay
naveenraj jain
(Querist) 18 June 2014
Tenant fearing eviction has bought another place without shifting. The new landlord has brought this to the notice of court. How will this affect the Tenant or owner
ajay sethi
(Expert) 18 June 2014
if you dont settle with new landlord he will file suit for eviction against you . enter into registered rental agreement with landlord or vacate the premises
Rajendra K Goyal
(Expert) 18 June 2014
Send the rent to new landlord through a Bank draft by registered post.
Try to have amicable solution.
If the case is in court, deposit the rent in court if landlord not accepting.
naveenraj jain
(Querist) 18 June 2014
Thank you. Extremely happy with the Solutions
ajay sethi
(Expert) 18 June 2014
thanks for your appreciation
