Termination of House Lease

Querist : Anonymous (Querist) 06 July 2011 This query is : Resolved
I have rented a house in Delhi through lease agreement for 11 month duration. Lease agreement has clause that it can be terminated before it's expiry by either pary by giving one month notice.

As per the law, can house Owner terminate the above lease before it's expiry or does the tenant has the right to continue in the house till the term of the lease.

Lease is not registered in court.

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Devajyoti Barman (Expert) 06 July 2011
Yes either of you can but if the landlord enforces such clause you may continue to remain in the property as for your eviction the landlord will have to file suit for eviction which will incidentally last for more than one year.

Advocate Bhartesh goyal (Expert) 06 July 2011
yes,Landlord can terminate the tenancy before expiry of tenancy period by giving you one month notice as per agreement but can not evict you forcefully.

Advocate Rajkumarlaxman (Expert) 07 July 2011
for owner eviction process will take longer time than the period though he can terminate tenancy by one month's prior notice legally.

Advocate. Arunagiri (Expert) 07 July 2011
Termination of tenancy can be done by the landlord on papers. If you want to continue the tenancy, he can evict you through court process only.

Querist : Anonymous (Querist) 07 July 2011
In order to protect my interest in case of court action, what actions should I take in case the Owner sends me notice for termination and I still choose to continue to retain tenacy of the premises.

Can and should I respond to the termination notice by claiming for expenses incurred in the process of shifting to the leased premises (like brokerage paid to the broker, shifting charges, phone shifting etc.) and also claim for inconvenience as the lease was terminated within 3 months.

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