Rent home eviction

KISHORE (Querist) 02 June 2023 This query is : Resolved
Sir ...we are residing in a home since 11 years ...since 1 year am paying rent 13500/- to owner son by online upi phonepe account ...as my mother expired one week back in hospital not in home ...the owner of building claiming to paint and white wash the building with our own money ....or else vacate the house with in 10 days ...he is forcing ...already we are in financial issues due to hospital bills of my mother ...owner forcing us to vacate or white wash painting the house ....as there is no rental agreement/ no stamp paper agreement..only oral ...but we are paying the rent by phonepe ...we are ready to vacate with in 3 months period but owner forcing us to vacate with in 10 days ...how to overcome the issue ...

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A tenant facing an unfair eviction notice after their mother's passing is seeking advice. The landlord is demanding they vacate within 10 days or pay for renovations, despite an ongoing tenancy with rent paid via UPI. While an amicable settlement is preferred, the tenant is concerned about the landlord's aggressive approach. Legal advice suggests that forceful eviction is illegal and that paying rent electronically establishes a clear landlord-tenant relationship, providing grounds to resist unlawful eviction attempts.

kavksatyanarayana (Expert) 02 June 2023
Only an amicable settlement is the option. Otherwise he may file eviction suit.

Advocate Bhartesh goyal (Expert) 02 June 2023
Landlord can't evict you forcefully and without due process of law.As you are paying rent through phonepe that established your relationship of tenant and landlord so don't worry and if landlord tries to evict you forcefully then either you can make complaint to police or get him restrained by court.

Dr. J C Vashista (Expert) 03 June 2023
It is invalid and illegal demand of landlord which may be refused.
There is nothing to worry the landlord can evict from the property by due process of law and not as stated above.

Sudhir Kumar, Advocate (Expert) 03 June 2023
do not skip rent.

T. Kalaiselvan, Advocate (Expert) 03 June 2023
You can file an injunction suit against the landlord if you plan to remain there as a tenant for a longer time.
If not you can refuse to vacate, let him file an eviction petition to evict you.
The legal process will take long time to get the case disposed.
Either way you can remain there for a long time.
If he's using force then you can approach police with a criminal complaint

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