Rent & Eviction
Bedisha
(Querist) 16 January 2011
This query is : Resolved
I and my husband had rented a house in bangalore, however we have been out of country for the past three months because of work related matters.
While signing the agreement our landlord had given us a photocopy of the agreement and now he has asked us to vacate the house.
The concern is we do not have the original agreement and also he is not willing to share the original agreement which we need for our tax returns. Also the notice period is of 3 month and we might still be out of country during that time. Please update me about the eviction laws in india and also how can i help myself in this situation.
adv. rajeev ( rajoo )
(Expert) 16 January 2011
The Karnataka rent act is changed. Owner has got right to evict you if he wants that house for his personal use.
If you didn't vacate the house inspite of receipt of the notice , he has to approach the court to evict you.
You can also file an injunction suit against the owner "as not to evict you without following the due process of law". It is an temporary arrangement.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 16 January 2011
Please take care , you can not be evicted otherwise than due process of law. However you have to appear in the court if landlord files case or you file a case against him through an advocate.
N.K.Assumi
(Expert) 16 January 2011
Agreed with the members. In this Country the Law in its own wisdom does not permit any one to take the law in its own hands except through the due process of law.
Devajyoti Barman
(Expert) 16 January 2011
The Rent Acts are still beneficial piece of legislation and pro-tenant in India. So in your absence the evixtion is not so easy. The landlord needs to send you a 30 dyas of notice and thereafter only he cn file a suit for evixtion and iin the said suit he would have to establish his pressing need of that particular premises. So do not worry atleat till you come to India.
Advocate. Arunagiri
(Expert) 16 January 2011
Even if you dont have the original copy of the rental agreement, you are in possession.
The landlord can evict you only through court process.
Do you have the proof for the rent payment?
Uma parameswaran
(Expert) 16 January 2011
Even though you are outside pay the rent with out failure.
Bedisha
(Querist) 17 January 2011
yes we do pay the rent through post dated cheques, my question is if he mails a notice to the bangalore address and if no one is there to receive it will it be considered legal ? or will he have to mail us here in the USA ?
DEFENSE ADVOCATE.-firmaction@g
(Expert) 17 January 2011
Well it is technical problem , so better engage a local advocate who will keep track from court records for any case against you.
Amit Minocha
(Expert) 17 January 2011
file a suit that you should not be dispossed without due process of law and also give an attorney to someone you can trust so as to contest the case (if filed) on your behalf and to sign documents thereof but donot give him/ her powers to agree for eviction.
