Mayur Jethva 30 November 2019

Regarding tenant eviction without rent agreement

Hello, I am a tenant and living in the same house since 16 months. Just a month before the house was sold to someone else by OLD landlord. NEW landlord told us to leave the house/vecant house by 25th Dec.2019 . We were agreed to do the same. But now he is asking us to vecant the house by 10th DEC. because he want to do Pooja(ritual) and repairs. We are still in search for another house. But he wants us to move anywhere else so that he can have his house empty for repairs and pooja by 10th by any means, as he said- Wherever you can go. There was just verbal agreement (no rent agreement) before he bought house and after as well.
Can he force us to leave before the given date? Will the law help me or him?

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12 Replies

Dr J C Vashista (Advocate) 01 December 2019

The landlord is well within his right to get his premises vacated especially when you do not have a valid rent agreement.

It is better to consult a local prudent lawyer for better appreciation of facts, proper guidance and proceeding.

However, if you are located in Delhi and feel so, may contact me (on appointment) with relevant records at: Chamber No 647, Lawyer's Chamber Block, Dwarka Courts Complex, Sector 10, Dwarka, New Delhi-110075 Cell # 9891152939 email: majjagdish@yahoo.com or visit at: vakil-saab.com

Mayur Jethva 01 December 2019

Thank you Sir for response. I am from Gujarat. If no rent agreement is there , there is not some other procedure?, I mean we are living since 16months ,giving rent monthly and agreed to vecant before given date. He hasn't given any court notice or anything.

Mayur Jethva 01 December 2019

Yes tenancy agreement isn't there because he just bought house 15 days back. With Old landlord it was 'tanacy at will'.

Mayur Jethva 01 December 2019

By the way, can he throw us out ?
Or it has to be done by legal way?

Kishor Mehta (CEO) 01 December 2019

Since you are in possession of the premises if you have evidence of having paid the rent, you cannot be evicted without an order from the court according to the prevailing rent act in Gujarat.

G.L.N. Prasad (Retired employee.) 01 December 2019

Remain as good citizen, and as the day fixed for pooja was auspicious and is having religious meaning, search for alternative without studying the ways for troubling the landlord. In the process, you have to get disturbed with your peace of mind and it is not fair to eyes of society or law when getting accommodation is not that difficult within a month.

Mayur Jethva 01 December 2019

Yes Sir, Wanted to say something like this. Being good citizen, pooja has got ritual meanings it's right but I am having a family as well and have furniture and other goods at home as well . It's not that easy to just go anywhere with all that . But thank you all above people for giving guidance.

Vijeth Shetty 27 June 2020

I m experiencing same kind of issue.. the facts are.. I had given flat on rent for 11 months and the agreement got expired on Jan 2020 and since February 2020, I could not register my rental agreement as I was out of station till April and at the later part the Corona virus had done its work effectively. From completion of the contract till date the tenants had not paid the rent. The outstanding rent is accrued for 9 months. In the current situation the tenant is neither paying any rent nor vacating the premises. Tenants are giving excuses like due to Corona pandemic they can't vacate the premises neither they are paying the accrued rent for 9 months. wat can i do to get rid of him. I want my rent as well as I want to evict them from my premises. please help me to resolve this issue.

Kishor Mehta (CEO) 27 June 2020

If your tenant is not prepared to pay the accrued rent and vacate the premises, the only alternative is to file an eviction suit, RAE&R, with a prayer for the accrued rent with interest.

Vijeth Shetty 29 June 2020

Can a suit for eviction be filed if I haven't registered the rent agreement with the tenant. What are the requisites of filing the suit of eviction. Can u guide me with the documents to be filed at court even if I have not registered the rental agreement with the tenant. Also can I send a 30 days notice to the tenant for vacating my flat without me being a lawyer.

Vijeth Shetty 29 June 2020

I don't find the answer relevant. Please guide me with relevant remedy

Kishor Mehta (CEO) 29 June 2020

Only a valid registered agreement can prove the possession of the premises. How can it be proved whether he possess the premises as a tenant, licensee or lessee in absence of an agreement? The rent control laws of your State will apply. You had better consult a practicing advocate.