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Rights as a tenant

(Querist) 17 October 2014 This query is : Resolved 
Hello,

I have been living in a rented house for last 4 years and paying rent regularly through online transfer. the landlord did not got the initial rent deed of 11 months renewed after expiry but since we had good relation therefore i use to increase the rent whenever he use to ask for that and use to transfer the hiked rent to his account. suddenly he wants to sell off his house as he has got a very good deal and asked as to evict. i have no issue in evicting but i have asked him to give a grace period of 6 months as my under construction flat will be delivered to me in next 4 month and i do not want to take the pain of shifting for just few month to another house. i have requested my landlord for the same many times but he insists on vacating the house in 2 months. Please suggest what legal route i can take if he files any complaints in Police?


Thanks
Manish
ADV-JEEVAN PATIL, MUMBAI (Expert) 17 October 2014
Pl do not vacat. U have claim n insist for rental room in new building. Contact this lawyer 9869400938 Email: jeevansci@yahoo.com
Rajendra K Goyal (Expert) 18 October 2014
Try to have amicable solution.

If you do not vacate, the landlord may send legal notice to vacate and and may file case to vacate, any legal step from him would take years. Till then you can live in the premises.
ajay sethi (Expert) 18 October 2014
landlord will have to move court if you refuse to vacate . police wont intervene as it is a civil dispute . eviction suits would take over 5 years to be disposed of
Manish (Querist) 19 October 2014
Hi,

Please suggest, i have been told by My Landlord who is retired defence personal that the property allocated to defence Personal has to be vacated in 1 month and there is a ruling from Supreme court for the same. i tried searching for any such ruling but could not find the same. please suggest.

Thanks,
T. Kalaiselvan, Advocate (Expert) 19 October 2014
Your landlord is taking you for a good ride. There is a rule that if the defence personnel is returning to his place where the house is situate, then the tenant is liable to vacate, but here the landlord is actually trying to sell this property and not for his own use hence this rule will not be applicable to the present situation. Moreover, he can take action only through a court of law and not otherwise, hence by the time he approaches the court, you will have your own house constructed, so better do not vacate the house despite legal notice served on you, he cannot approach the police for civil matters.


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