minesh (na) 11 June 2012

Can my landlord vacant my home?

i have been living in a home for 20 yrs on a rent. Landlord has not renew the agreement.

Now after 20 yr landlord is asking me to increase the rent. or he is sending us notice through advocate that we have to pay high rent or we have to vacant the home within 2 months.

So please advise me what can be done.. we are paying the rent on time. But now landlord is not ready to take rent as he is asking for high rent.

Please let me know whether my landlord can vacant my place or can increase the rent.

What can i do?

What are the right do i have and what rights my landlord have?

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6 Replies

Kiran Kumar (Lawyer) 11 June 2012

the things will either be governed by the Local rent laws or the Agreement between you two.

better to settle the matter with LL otherwise, he may proceed legally against you.

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 ) 11 June 2012

You do not have rights on the landlord property. You better to handover after receipt of the notice, though you are paying rent on time. The property is belongs to landlord. There is no way.

minesh (na) 11 June 2012

Originally posted by :Kiran Kumar
"	the things will either be governed by the Local rent laws or the Agreement between you two. better to settle the matter with LL otherwise, he may proceed legally against you.	"

not there is no agreement exist.. so can landlord vacant the home.?

bhagwat patil (Property due diligence 9422773303) 12 June 2012

The possession of tenant is protected as long as he pays the rent,he landlord does not accept the rent send by MO and keep the record of returned MO's.

LAXMINARAYAN - Sr Advocate. ( solve problems in criminal cases. lawproblems@gmail.com) 12 June 2012

The tenant can not be forced to vacate without a proper court order.

Rent can not be increased.

You can deposit the rent in court but that take help of a experienced advocate.

Vinod Kumar (Dy. General Manager - Legal) 13 June 2012

The status of a tenant on expiry of lease is that of a Statutory tenant. If the tenancy is protected under the local Rent Control Laws, the Landlord can not increase the rent on his own. He has to follow the procedure under Rent Control Act. Grounds of eviction also will apply as per local state act. However, if the tenancy is outside the purview of Rent Control Act, then provisions of Transfer of Property Act would apply. In this case the tenmanacy month to month after expiry of lease and landlord has a right to serve a notice under section 106 of TPA to get the property vacated. Courts will generally favour landlords in case the lease has expired by efflux of time.

You may seek legal advice from an Advocate in your area.

Regs.

Vinod Sharma