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Royal (Team Mr)     19 October 2011

Tenant right

I have a query.

I have been staying in a rented accomodation for past 1 year and i had a rent lease agreement with my landlord with regular clause of 10% increase in rent.

Close to expiry of the contract, we had a verbal discussion about renewing the contract for another 11 months with the agreed upon new rent. But before the new agreement could be made all of a sudden, he told me that the lease can't be renewed and he wants me to move since he needs the accomodation now.

Here my questions are:

1. Notice Period : My lease agreement is silent on the quantum of notice period so what legally is my notice period before which landlord cant ask me to move out.

2. Will this legality of notice period holds wherein the lease agreement has expired and a new one wasn't made.

 

Would be thankful if someone can shed light on these aspect.



Learning

 3 Replies

M.Sheik Mohammed Ali (advocate)     19 October 2011

what ever he take action, dont worry you may send one notice to landlord rent controll act, the case will take minimum 2 years.

Royal (Team Mr)     19 October 2011

Originally posted by :M.Sheik Mohammed Ali
"
what ever he take action, dont worry you may send one notice to landlord rent controll act, the case will take minimum 2 years.
"

Thanks for yoru reply Mr. Ali, but my worry is, in a situation wherein my lease has expired (and hasnt been renewed), what rights do i have to stay in the accomodation. 

Can i still stay or can i stay for some period of time (the notice period for eviction). I am not clear on those aspects..Please enlighten

H. S. Thukral (Lawyer)     19 October 2011

In the absence of any agreement, your lease is from month to month basis and can be terminated by 15 days notice. It is however another thing that the possession from you can be taken by the landlord by due process of law and during the process of litigation you may remain in possession but your status shall be that of an unauthorised occupant liable to pay damages for the same. 

I have a piece of advice for Mr. ali who has answered this query before me.

Mr. Ali you are very high in the list of Hall of Famefrom my position but you are much younger to me and I am sure you have lesser experience at Bar too. Therefore I request you to take it supportingly.

First of all you try to improve your language skills. It is very important for  any advocate to have a good command over written and spoken English. I picked up your answers to few latest queries as follows

‘yes, its compulsory to completed 240 days.

‘but same time the husband only proved that she is working and get more then salary then me.

‘best advise mr ganesan, you may approach your are gazette press office , for the same.

‘yes, i do agree expert query reply

‘if you want give gift deed no need for amount to mentioned the deed, you just register your deed.

Without going in to merit of your replies, I tell you that it is very bad English and it may bring disrepute to quality of advice the people seek from this forum.

Secondly it is a fact that a top most lawyer may not know certain areas of law. Therefore you don't try to answer the queries which are  not related to your field. Rather try to learn from  others' answers.     

One of the top scientist said that he was like a child ashore, playing with  the sand while the unexplored sea was before him. 

I could have said the same to you through PM but you are not alone who is trying to get laurels   and appreciations from the Administration by reaching the top members and therefore I wanted to generalise my message.

Your elder brother-HST   


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