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Landlord want house to be vacated in faridabad haryana

(Querist) 23 June 2013 This query is : Resolved 
I took a 1st floor of house on rent in Faridabad Haryana and lease deed executed on 10 RS stamp paper and not registered. It also expired on May 2012. Now we are currentlt living in the same house and paying the rent in cash as requested by Landlord. We do not have any receipt for the payment of rent. Now Landlord wants to vacate the house and he refused to take the rent. Yet he has not given any notice. But we want to stay in the house till April 2014. Is there any way that we can stay in the house and landlord can not eject us out. Please help
Raj Kumar Makkad (Expert) 24 June 2013
If you do not evict the house, the landlord shall have to go to court which in turn shall take the time you desire.
prabhakar singh (Expert) 24 June 2013
At present you are tenant month to month as written agreement has expired.

The burden to prove payment of rent is always on tenant but you do not have any proof?

Landlord cannot evict you forcefully if you refuse to vacate voluntarily.

Landlord has right to terminate your tenancy giving you notice in writing for a month to vacate and claiming from you the arrears of rent even for period rent has been paid as you do not have any receipt
of cash payments made.He would also seek damages for wrongful use and occupation for future period falling after notice.

So better get things amicably settled as buying time through litigation may prove costly on payment of rent front.
Rajendra K Goyal (Expert) 24 June 2013
Agree with the views of Expert Sh Prabhakar Singh ji. You have to stay for few months, settle the dispute amicably.


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