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SWAMY DLN   03 January 2022

eviction notice to owner

if owner threat to tenant to vecante without give any eviction notice


Learning

 2 Replies

Advocate Bhartesh goyal (advocate)     04 January 2022

Landlord can't legally evict you without adopting due process of law, seek injunction against landlord from court.

Anaita Vas   21 January 2022

If your landlord wants you to leave, he/she must give you notice in a particular way, including certain information and warnings. This depends on the type of tenancy agreement and its terms.

In numerous cases, it is seen that the landlord may file a notice of eviction on false grounds.

The following steps can be taken for challenging the false eviction notice:


You should approach the Rent Controller to give your reasons.


Once you are summoned by the Court, you will be required to put forth your case with adequate evidence for support. The following points can come in handy while accumulating evidence:


Notice to Receive Rent: If the landlord fails to receive the rent deposited by you, you should issue a notice in writing that asks the landlord to specify a bank for depositing the rent within ten days of receiving the notice. The notice should clearly mention the non-receipt of the rent on the part of the landlord and the option that one is exercising as a tenant. If the bank details are received within ten days, you should deposit the rent as soon as possible.

Money Order: If the landlord fails to reply to the above notice, you must directly send the rent to the landlord via Money Order. The Money Order coupons should be kept safely as proof of payment of rent. If the landlord receives the Money Order, you should continue the payment in the same mode.

Petition in Court: If the landlord refuses to accept the Money Order as well, you should file a petition before the appropriate court and get the court order to deposit future rents in the court.

Again, a landlord will need to have a legal reason for the eviction of a tenant. In other words, he/she can’t evict you just because he/she doesn’t get along with you or because you're a little messy. 

 

Regards,

Anaita Vas


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