Tanant residing from more than 14 years, landlord enforcing to vacate
Nitin Garg
(Querist) 23 June 2012
This query is : Resolved
D/Sir,
We are living in a rented house.. The house is having two floors.. 1st floor is occupied by some other tenant.. Ground floor is having 4 rooms.. 2 rooms occupied by us and other 2 rooms occupied by some other tenant..
Now landlord is enforcing only us to vacate the house.. while others are residing there.. we are residing there from last 12 years while others are residing there from last 2 or three years.. Still landlord is enforcing only us to vacate on the ground that landlord want to stay in the rooms in which we are residing...
My que is can the landlord enforce us to vacate while others are residing there.. if no... what is the remedy available?
Adv.R.P.Chugh
(Expert) 23 June 2012
Dear Mr.Garg,
As advised yours is a statutory tenancy (i.e without a contract) the landlord can seek to evict you after serving a 15 days notice as per S.106 TPA. You can only seek to buy time in judicial proceedings, but not evade eviction completely.
M.Sheik Mohammed Ali
(Expert) 23 June 2012
the landlord do only as per law evict from the tenant place, give proper notice and get order from the court than only you vacate the premises, so until you won't vacate the premises.
Nitin Garg
(Querist) 23 June 2012
Thanks Bharat Sir..
Thanks M.Sheik Sir..
V R SHROFF
(Expert) 23 June 2012
move court get order not to evict
Sankaranarayanan
(Expert) 23 June 2012
Yes u touch the door of court against eviction. What reason beyand it. Why particulary ask u to move out
M V Gupta
(Expert) 24 June 2012
Under Section 16(g) of the Maharashtra Rent control Act, 1999 the LL can demand vacation of the premises on the ground of his personal need. But the tenant may refuse to vacate as the demand made by the LL is not bonafide. The LL is required to serve notice for the purpose. Act to defend your tenancy when u receive such notice in consultation with ur Advocate. Take care to ensure that u pay the rents regularly against ack of the LL.
