Vacancy of rented premises

KAMLESH KUKREJA (Querist) 16 November 2021 This query is : Resolved
I have taken Property on leave and license for 2 years period. Agreement was made on stamp paper but was not notarized. there is no clause in rent agreement of notice period to vacate the premises
said Agreement is Not Registered online

my question is
1. can landlord force us to vacate the flat before expiry of term.
2. Can we move in court for not vacating the property before expiry of term
3. is agreement made valid in eyes of law for filing suit against landlord in court since it is neither notarized nor registered online

original agreement is with Landlord only. we have only xerox copy of agreement

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Quick Summary

This discussion addresses a tenant's concerns about a 2-year leave and licence agreement for a rented property. The agreement was made on stamp paper but not notarised or registered online, and lacks a notice period clause. The tenant questions if the landlord can force them to vacate early and if the agreement is legally valid for court action, especially since only a xerox copy is held. The advice given is that without registration, the agreement is likely invalid in the eyes of the law, meaning the landlord may be able to ask the tenant to leave and the tenant may have no legal recourse.

kavksatyanarayana (Expert) 16 November 2021
The lease agreement for 2 years is a registerable document in most of the states. Hence get it to be registered. Consult in local SRO.

Dr J C Vashista (Expert) 17 November 2021
Before replying your questions let me make it clear the said document of Lease & Licence is a piece of paper which is invalid in law.

Q 1. can landlord force us to vacate the flat before expiry of term.
Yes, there is just an oral agreement which may be interpreted as convenient to the landlord.

2. Can we move in court for not vacating the property before expiry of term
No, you have no right in the absence of any document.

3. is agreement made valid in eyes of law for filing suit against landlord in court since it is neither notarized nor registered online.
It is no (NO) document to be produced in court of law.

Advocate Bhartesh goyal (Expert) 17 November 2021
Leave and licence is compulsorily registrable document since your document is not registered so it is waste paper in eye of law.
Yes, landlord can ask you to vacate the rented premises before expiration of two years.
No,you have no right to move court .
No, agreement is not valid , it's waste paper.

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