Landlord want vacant his flat
Anwar Shaikh
(Querist) 15 September 2016
This query is : Resolved
Dear Sir,
I took a flat on rent with 11 month agreement next month my agreement will over and my landlord want vacant his flat. But I want to extend agreement but he didn't want. My agreement not registered as per maharastra rent Act, only agreement on 500 stump paper with 11 month.
I need a any legal so I can extend my agreement or any other support their my landlord can't vacant that flat
Anwar Shaikh
(Querist) 15 September 2016
Dear Sir, I took a flat on rent with 11 month agreement next month my agreement will over and my landlord want vacant his flat. But I want to extend agreement but he didn't want. My agreement not registered as per maharastra rent Act, only agreement on 500 stump paper with 11 month. I need a any legal so I can extend my agreement or any other support their my landlord can't vacant that flat
Ms.Usha Kapoor
(Expert) 15 September 2016
What reasons are cited by landlord for vacating you from the flT? iS IT FOR /BOANAFIDE REQUIREMENT, RENOVATION OR YOU've FALLEN DUE IN ARREARS OF RENT.iF NONE OF THESE REASONS ARE HERE PERHAPS HE WANTS TO INCREASE RENT AND HENCE YOUR EVICTION OR VACATION FROM THE FLAT HE WANTS. You CAN APPROACH RENT CONTROL COURT FOR FIXATION OF FAIR RENT FOR YOUR FLAT AND ACCORDINGLY Pay rent as per current rents or Market value for similar house in similar area or locality.You can file Transfer of property proceedings also.
Kumar Doab
(Expert) 15 September 2016
The owner has asked you to vacate about one month in advance.
Try and find another flat on rent.
Raj Kumar Makkad
(Expert) 15 September 2016
Extension of rent=agreement cannot be one-sided. If your landlord is no agreeing for it, you cant remain in that house legally. Better to vacate or to face further consequences of eviction paying penal rent as determined by Rent controller.
Guest
(Expert) 15 September 2016
First thing it is required to be checked that 11 months agreement is leave and license agreement only ?
Second you have affixed 500 Rs. stamp duty , myself not sure exact stamp duty now payable on Leave and License since from July 2016 rates have changed
Third I will explain legal permutation and combination and you need to take decision what is in your interest
1) You decided not to evict after leave and license period .
A)
Then Legal option for owner is that he has to file eviction suit claiming you are on leave and license, deficit stamp duty he can also pay under relevant stamp act making the document admissible as evidence in court. And if Court concludes you were on Leave and License then you have to pay double the rate mentioned in leave and license agreement + cost + (Your pocket expenses for Advocate)
This is scenario under Maharashtra Rent Control Act
2) If you claim that you are protected tenant and go for fixation of standard rent , By making application in small cause court then if you succeed then lottery for you , but practically if you have signed leave and license agreement it is very tough since you are only on 11 months agreement and then you have to leave this was your contract and as per Maharashtra Rent Control Act 1999.
Only thing may be for some time you can claim Stamp duty not paid so agreement not maintainable but immediately using relevant stamp duty act provision he will take steps and all your claim can be demolished.
Regarding lack of Registration on this point also he can take stand you did not co-operate to come to registration office etc.
-----------------------------------
Decision you take as per your choice
DEFENSE ADVOCATE.-firmaction@g
(Expert) 15 September 2016
First of all you decide whether prolonged legal process is beneficial to you and imp whether you can afford the cost since it will be heavy.
If so = than
firstly the landlord will file eviction suit before the authority for leave and license created under Mah rent control act where you can claim protected client since agreement is not legal.
At the same time as suggested by MADHU above file a suit for fixation of standard rent .
You can have pleasure of all these legal process for 10 to 15 years easily.If matter goes to higher courtS it will take more than FIFTY YEARS.
Kumar Doab
(Expert) 15 September 2016
Post illustrations it is your choice.
Guest
(Expert) 15 September 2016
Take help of some local lawyer for practical help after he examines your tenancy agreement.
H.M.Patnaik
(Expert) 15 September 2016
Consult an able counsel with docs. for proper guidance.
Rajendra K Goyal
(Expert) 18 September 2016
The landlord can ask for eviction after agreement time.
Search for alternate accommodation.
Dr J C Vashista
(Expert) 19 September 2016
You have no option but to vacate the premises if landlord do not wish to extend.
If you do not vacate the landlord will file eviction petition with damages and mesne profits for being a trespasser, which is bound to be decided against you.
Guest
(Expert) 19 September 2016
Dear Anwar,
There can be two options for you:
(1) Vacate the premises; or
(2) Get the agreement extended at th terms of the landlord, as normally the landlord desires to get enhanced rent.
Any legal recourse can prove to be cumbersome and costly for you due to the agreement being unregistered.
Kumar Doab
(Expert) 19 September 2016
Hope you are satisfied.
Dr J C Vashista
(Expert) 19 September 2016
Well concluded by expert Mr. Dhingra, I agree.
I would like to add that finally you will have to pay not only rent but also damages and mesne profits besides vacating the demised premises, if the landlord opts "Not" to extend the L & L agreement and slap a case against you, which shall be at your cost, risk, responsibility and consequence.
Now you are to decide what to do.
Rajendra K Goyal
(Expert) 24 September 2016
Agree with the expert Dr J C Vashista.
Kumar Doab
(Expert) 24 September 2016
You can benefit from the advise of experts.
