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(Guest)

Tenancy issue - issue with buyers

Dear All,


I am a tenant of a single bed room where I am staying from August 2014.  Now, owner sold the house on May 2, 2015 and took 2 Lacs advance from the other party and the very next day the buyers went to Hyd where the house owner the seller stays and gave 10 lacs rupees.


But owner informed me just 2 days ago to vacate the house/asked me to search house till this month end and vacate for which I requested another week to 10 days as well.


Now the issue is the buyers came and arguing with me that they will paint the house inside to get the loan and already they are painting outside for which owner asked my permission to which I accepted, but now the real estate people and the buyers are asking and aruging with us that they will paint inside the house as well, which is more disturbing for me as I have 2 little kids and my wife has asthma.


Now what should i do stay peacefully these 15 to 20 days .....is there any immediate way to stop them disturbing till i vacate.


I told owner all these issues and requested very humbly for which she said Yes.  but even then the buyers are insisting and disturbing .....


LA

 



Learning

 6 Replies

bsrao   15 May 2015

There is no short term legal remedy in the world.

Dr J C Vashista (Advocate)     16 May 2015

Did you discuss the problem with your tutor?

Hardeep (Business)     16 May 2015

1) no one can enter your house- even if you are a tenant - without your permission.Call the police if they quarrel with you. An offence of trespass shall hold.

 

2) do you have a signed contract ? If so, what does it say about these situations ?

 

3) most probably the buyer just needs an assurance that you will vacate the house at the earliest. Maybe you can give them a time bound assurance to this effect and then vacate within such.

 

4) finally, may I remind seniors on this forum that they were also junior / students / inexpereinced once . The fact that one is a law aspirant should not be a disqualification from seeking advice from others more experienced .

1 Like

advocate nitin kumar (lawyer)     16 May 2015

you can apply for stay under rent control act and stay for 6 months in the same room/flat you are staying.

no landlord can throw tenant out like that by just gving 10 days notice 

notice has to be given 30 days before.

 

consult some local lawyer and also complain to police if anyone comes and tries to throw you out.

all problems gets solved once you hire an advocate and people hesitate to do so and choose to suffer.

 

hope that helped.

 

1 Like

T. Kalaiselvan, Advocate (Advocate)     18 May 2015

The landlord selling the house either should have informed you about it or should have made an agreement with the purchaser that the tenant will vacate the premises on expiry of contract automatically and he should not be disturbed in between forcing him to vacate until he is found to violate the contracted rental agreement or overstays on expiry of the agreement period and the rental amount till then may be collected by the purchaser after that.  This is how the dealing should have been made, however the purchaser or his men cannot enter your house without your permission for any reason, if they are doing so, a complaint with the police for criminal trespass can be lodged and the intruders can be behind bars. Tell them politely to not disturb you till you vacate, if they dont listen, you may lodge a complaint with the police and also issue a legal notice to the vendor(landlord) as well as to the purchaser to refrain themselves from forcible eviction other than by due process of law.  

Biswanath Roy (Advocate)     20 May 2015

Whenever any landlord transfers his ownership  i.e., title right to any other person or persons it is incumbant upon him to serve a notice upon the existing tenant/tenants a letter of relinquishment stating that he is no more the landlord of the property and in place and stead the buyer of the property is the new landlord whom you pay monthly rent i.e., to create a new landlord-tenant relationship with him as the landlord -tenant relation between you and me has been ended and  direct the tenant to pay monthly rent to the new landlord i.e.,he wants to say to establish landlord-tenant relationship with the new landlord Secondly, monthly tenant without any agreement shall be treated as "Tenant at Will" which means so long the tenant will pay his monthly rent month by month tenants tenancy shall continue and landlord cannot evict him without process of the court.


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