Querist :
Anonymous
(Querist) 17 June 2011
This query is : Resolved
My landlord is going to renew the rent agreement. But this time he has got prepared a rent agreement with so many fresh clauses,one of these clauses says that if I do not pay rent for two consecutive months,he would put lock on the rented premises to me.
Another clause of this rent agreement says that if I do not comply to the terms and conditions of that agreement,he could take back the possession from me and I would have no right to challenge him in any court of law.
He is pressurization me to get this agreement signed.
My question is,if I sign this agreement can he evict me according to two above clauses?
Devajyoti Barman
(Expert) 17 June 2011
Mere non payment of rent does not ipso facto entitle the landlord for eviction of the tenant on this ground alone.
If the landlord files a case of eviction on the ground of default of rent, tendering of rent by you is sufficient to make that ground a go by.
Kiran Kumar
(Expert) 17 June 2011
both the clauses are unsustainable in the eyes of law.
he can not debar your from approaching the court of law, and if you default in payment of rent then he will have to approach the court either to recover the rent or to recover the possession of the property.
go to the court now as per your state act which provides many safe guards to tenants.
Shashikant V. Patil
(Expert) 17 June 2011
Mr. Kiran Kumar is right to say that these two clauses are not sustainable in the eyes of law. As per Contract Act, contigencies are not accepted in the contract ( i.e if and when ) Therefore, this type of agreement is not a valid agreement. You convince your landlord and cancelled these clause and be firm that as you are not going to accept these clause.
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