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Bimal Kr Singh (ACCOUNTANT)     14 January 2013

Eviction

Hi, my landlord wants us to leave , i don't have the tenancy agreement. only the verbally satisfaction are there, i am staying since more than one year, now without a valid reason he wants us to leave, 1 month ago he ask for inceasing the rent i given the increases rent from next month, my wife is pegnent for 6 month now immediatly where i will go, please suggest what i do, 



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 5 Replies

ADVOCATE Prem Joshi (Advocate/ Legal Consultant)     14 January 2013

Discuss & explain your problem / specify reason with landload. may be he consider your problem. if you have not sign any tenancy agreement. it does't mean you have right on that property because landload trust on you.

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     14 January 2013

1. Which state are you from ? And what is the rent paid ? This is important in order to see whether you are protected by any rent control legislation ?  If yes you can be evicted only on certain specific grounds and on strict proof thereof. 

2. If you aren't so protected then it's a month to month tenancy (tenancy at will) and can be terminated by giving a 15 days notice u/s 106 of the TPA. However the landlord still cannot take law in his or her hands and has to go to court to evict you which takes a long time. ANd the court even while ordering eviction can give you sufficient time say 6 months to evict. 

 

Good Luck !

 

 

 

Bharat Chugh - Advocate Supreme Court of India

Blog : www.advocatebharatchugh.wordpress.com, www.bharatchugh.wordpress.com

Stay Connected on Facebook ! www.facebook.com/advocatebharatchughonthelawsofindia

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Kiran Kumar (Lawyer)     14 January 2013

the things have been rightly explained by Adv. Bharat Chugh

 

try to settle the matter amicably with your landlord at first instance if he remains adamant then opt for a legal course.

Anil Agrawal (Retired)     27 January 2013

You are in a mess. Even after increase in rent, will your landlord enter into an agreement? Do you make payment of rent by cheque?

R.K Nanda (Advocate)     18 February 2013

take rent receipt from LL.


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