Tenant for more than 14 years
dev pandya
(Querist) 12 February 2024
This query is : Resolved
I am living in Gujarat state as a tenant for more than 14 years,My landlord had done last leave & license agreement in 2014,since then we have not executed a LL agreement,till today,I have been paying rent regularly,My landlord expired 4 years back,now his son has asked us to vacate the house,
What are my rights as a tenant,If the landlords son insists to vacate immediately,
I need atleast 1 year to arrange for a new house,,
Please advice accordingly to the above,
Thankyou
Dev
T. Kalaiselvan, Advocate
(Expert) 12 February 2024
If you recognize the legal heirs of the deceased then it becomes your duty to oblige the oral tenancy conditions in the absence of written agreements.
Since you have been paying the monthly rental amount regularly to the son of the deceased owner, you are obligated to adhere to the oral or written notice issued for vacating the premises.
You can orally request for an extension till such time, but you cannot claim it as a right.
In the absence of a proper rental agreement in writing the owner can even declare you as a trespasser.
So to avoid embarrassing situations, you may take a wise decision.
Otherwise you can approach court with a suit for injunction against them to not to evict you from the premises other than by due process of law, by which you can get the breathing time to look for an alternative accommodation conveniently.
dev pandya
(Querist) 12 February 2024
Is there any scope of getting a 1 year extension,as the LL agreement is not registered as it is mandatory,
Thankyou Sir
kavksatyanarayana
(Expert) 12 February 2024
As it is an oral agreement you go for an amicable settlement for one year that you are searching another residence. LL Agreements have been compulsorily registerable in more states in recent years.
T. Kalaiselvan, Advocate
(Expert) 13 February 2024
If there is no agreement in existence or if it was an unregistered agreement then the tenant cannot claim any tenancy rights as per the latest rent control act
