what legal steps can i take against my landlord?

akash (Querist) 25 September 2010 This query is : Resolved
Hi everyone i need help ASAP..
i live in sec-34 udaigiri appts. noida uttar pradesh. Im living in one of the flat in udaigiri appts.im living in this flat from past 14 years now my landlord is going to sale this flat to someone.The owner of the flat is my boss im working in his company from past 16 years.He(owner) gave me this flat 14 yrs back on rent free accommodation i mean to say that he's not taking the rent in cash but actually im doing overtime in his company in place of not giving the rent.ONE thing i want to mention that there is no rent or lease agreement between us.NOW i want to know what should i do? what are my rights as a Tennant??PLz help me i dont want to vacant my home.

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s.subramanian (Expert) 25 September 2010
You are lawful tenant since the you are paying the rent in kind by doing overtime job. If there is no attempt to evict you forcibly,you can aproach the civil court there for injunction restraining your land lord from evicting you illegally.

Kiran Kumar (Expert) 25 September 2010
dear Akash the fact is a tenant remains a tenant.

your boss is fully competent to sell off the property, you can not stop him from doing so.

As Mr. Subramanian advised u can approach civil court seeking injunction restraining your landlord from evicting you from the premises. But finally when the present or subsequent landlord will file the Eviction Petition then you will have to vacate the premises.

litigation will hurt your pocket and may be at the cost of your job.

so rather than getting rough against your boss-landlord try to find some amicable solution to the dispute.

R.Ranganathan (Expert) 25 September 2010
The question of vacating the premises will arise only when the purchaser asks you to vacate. So till that date why you are bothered about this thought. You wait till that time. When the purchaser asks you to vacate let him give his reasons, then you can take appropriate action at that time. For Injunction also, you will have to give proper reasons and not imaginary ideas that someone is going to do something at some point of time. Your only option is to wait and then decide.

DEFENSE ADVOCATE.-firmaction@g (Expert) 25 September 2010
Even otherwise it is the burden on the landlord to prove that you are not paying rent.

Even if the property is sold the tenant can be evicted by new landlord., unless you are amicably ready.

And why injunction etc , let the landlord make the first move.

The laws are in favor of tenants .

Uma parameswaran (Expert) 25 September 2010
You are a tenant.A tenant have no right to tell that he could not vacate the property if the owner have bonafide reason to evict the tenant.If the Landlord is in need of money his option is to sell his property to meet his ends.