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SANJOY GHOSH   29 March 2016

Verbal agreement complications

I have taken a house on rent in Kolkata consisting 8 Bedrooms from the landlord over verbal agreement to set up an Old Age Home in the month of November'2014 at the consideration of Rs.35000 monthly. In August'2015 a new room has been added and the rent fixed at Rs.40000 monthly. Suddenly due to a financial hardship I was not being able to pay rent in a regular manner. Till March'16 I have managed to pay rent upto November'2015 & at this point of time a 3 months backlog persists which I have assured him that all the dues will be cleared and rent should be regularized within December'16. All the payment has been made through Account Payee Cheque. From the day 1 the landlord has been insisting to sign a 11 month's license agreement which i opposed and asked him to prepare a minimum 5 years lease agreement considering the nature of stay for the Elders. In the mean time I have incurred a huge amount ( approx. Rs. 4 lac in total )  for new furniture & fixture i.e. Cot, Mattress, Pillow, Linens, Dining Table & Chair, Mirror, Color Televisions with Set Top Box, Geyser, Inverter, Kitchen & Dining Utencils etc. Now just yesterday the landlord sent a SMS stating that after consulting with his Advocate he has appeared in a final decision -  I have to vacate his house within 11 months time frame.  In this scenario I am feeling  totally helpless & confused that within this short period of time how can I relocate the Senior Citizen Elders to a suitable house ? I urged the landlord to permit me to operate for minimum 4 Years time i.e. upto July'2018 stating this particular issue & also considering the huge investment I have already made for this venture but he is reluctant. Can I get legal help in this matter ? Please suggest.

Please note : There is no written agreement in this matter & we have not signed in any single paper till date. All the payments as Rent I have made through Account Payee Cheque. There are several SMS sent by the landlord to me mentioning the term House Rent. Will it help & protect my right from early eviction ?



Learning

 1 Replies

adv.bharat @ PUNE (Lawyer)     30 May 2016

Verbal agreement have no value in court of law.


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