Landlord changed rights of tenant
vinod bansal
(Querist) 09 August 2009
This query is : Resolved
R/Members
I am residing in a rented house n paying rent against proper receipt but 4 month prior my original landlord sale this house to some one,I am tenant in this house this fact is mentioned in new sale deed,now subsequent owner of my rented house has contacted me n threatning for vacate the house,my previous owner has now shifted to America,I want to pay rent but problem is this to whom and how i pay this rent as the new owner is not receiving rent n previous owner is out of contact,now i want to deposit rent in court,what is procedure for the same and what is right available to me as i want to reside in this house n do not wants to vacate the house.I am resident of Haryana ,i have heard that new owner cannot file any suit against me for a period of six months after new sale deed i.e. change of ownership of a rented premises,is it right Sir,plz enlighten me. Regards
Kiran Kumar
(Expert) 09 August 2009
Vinod Ji have u gone through the Act itself.
there must be some provision in this context....i ll c the main enactment tomorrow...dont worry not a big issue to deal with.
in the mean time if possible send him money order in order to pay rent.
ANTHONY REDDY
(Expert) 10 August 2009
First Send him money order, There is a provision in Harayana Rent Control Act to depost the rent. If the owner is trying to evict unauthorisdly then u can file suit for injunction that the owner can not evict you with out due proces of law.
Advocate SK Rohilla New Delhi
(Expert) 10 August 2009
MR. Bansal,
It is clear that you are residing in that house as a tenant. You must have made some agreement with previous owner, if yes, then your tenancy is protected upto the period which is shown in that agreement which you can rightly claim against the new owner. if not, than your tenancy is month to month basis. The new owner can rightfully eject you after giving proper notice and time.
However, it is also true that new owner cannot eject you unreasonably at his whim and caprice. If owner owes onther residential house then you can oppose eviction on ground of necessity.
If owner use force or giving threatning to disposses you otherwise than under due process of law then you can seek injunction under Specific Relief Act.
I hope this would certainly solve your problem