Tenancy

Kay Abreu (Querist) 29 October 2014 This query is : Resolved
A Rent Agreement for 11 months was drawn up between landlord and tenant on standard terms but due to oversight the clause asking the tenant to vacate on a month's notice before expiry of the 11 months was not incorporated. Can such oversight cause problems should the landlord need the premises for his own use. Or wait till the expiry of the 11 months agreement.

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Advocate M.Bhadra (Expert) 30 October 2014
let complete 11 months and send a fresh legal notice to the tenant calling him to quit and vacate the rented room.If the tenant would not comply then file a suit for eviction of tenant in Civil Court on reasonable requirement ground.Follow the respective State Premises Tenancy Act.

V R SHROFF (Expert) 30 October 2014
You may issue notice now, to vacate the room at expiry of agreed period.

V R SHROFF (Expert) 30 October 2014
was it Leave & Lic ,LL Agr, that u terms rent???

Rajendra K Goyal (Expert) 30 October 2014
Send notice to vacate the premises. If you want to extend the agreement for another 11 months get the agreement redrafted through your lawyer.

Kay Abreu (Querist) 30 October 2014
Dear Learned Advocates named above.

Thank you for your advice.

Rajendra K Goyal (Expert) 30 October 2014
You are welcome.

Advocate Ravinder (Expert) 30 October 2014
Pl check up whether rent control act will apply or T.P. act will apply. What is the rent.

Kay Abreu (Querist) 30 October 2014
The rent for my 150 sq. yards independent house in New Delhi was given for a mere Rs4000 PM
as a goodwill gesture with the express understanding that if necessary the house should be vacated on a month's notice which was agreed to. . This clause was not incorporated due to oversight. He has already built his house opposite mine and waiting for an auspicious date to move into his house. From 26.1.15 it was advanced to 28.11.14. For me it is a case of wait and watch. Technically the 11-months rent agreement expires on 20.12.14.

T. Kalaiselvan, Advocate (Expert) 02 November 2014
Thus, as suggested by experts, just adopt the same wait and watch, also since it is a matter of another two months, moreover since the tenant is likely to move in about a months time, be vigilant about the developments so that the tenant after making house warming function, changes his mind to give away his new house on lease/rent and decides to remain in this house itself due to lower rate of rent when compared to the double the rate of rent he might receive ther at his newly built house.

Advocate Ravinder (Expert) 02 November 2014
Since the rent is Rs. 4000 you have to file a case for eviction in civil court and not in rent control court. You have entered into lease agreement putting 11 months time, hence the lessee (tenant) will have right to stay untill 11 month. You cannot give notice or evict him before 11 months.

However, after the termination of tenancy i.e. 11 months, you have to give quit notice under Sec. 106 of Transfer of Property Act giving 15 days time to vacate, failing which you can file eviction suit before the civil court.

Kay Abreu (Querist) 03 November 2014
I have no choice but to wait and watch. Alternatively, what happens if a senior citizen inadvertently forgets to insert the one month's eviction clause in the rent agreement of 11 months should he need the house for his use. There could be such instances of oversight or negligences.