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ajit (sr vp)     18 October 2014

Landlord tenant dispute

Dear Sir, 

Our Landlord wants to get the property vacated as they wish to lease it to new Single tenants who can take the complete house. At present the above said property is having 2 units occupied by 2 tenants, we being on of the them.

1. We have completed two 11 month lease period and entering into 3rd one. They have given advance intention to let the property on rent their complete house to a single tenant.

2. I have given our intention to take the complete house on rent if they intend to but apprehensive, they might nor offer the same to us although there is no rent issue, fully paid rent so far, no disturbance etc. They are apprehensive in renting the property to tenant more than 3 years. Although this is newly constructed house and have been offered to us for the first time and other tenant who is also residing with us in the same property along with us.

3. Frankly, speaking i also cannot afford to move out of this house because i have suffered major setbacks that comes in sooner or later in everyone life like financial losses, business loss and concentrating on new business. So no time for me for further disturbance.

As a legal point i want to clarify:

1. Can a Law entitle the Landlord to vacate the house after the expiry of 11 month time only for renting to some other person, if he himself do not require it and there are no rent issues etc. and further current tenant is willing to take complete house and cannot afford to move on and shift because of his business losses.

2. Having been given offer from our side to take complete house as per fair market rent, does it give us an extra edge.

3. Any other precaution that we may take at this stage to make our stand stronger. There will be  only 11 month unregistered agreement, i will put no termination clause or giving sufficient time to vacate after the expiry of 11 month term.

I request you to throw light on the subjected matter and how to make our case stronger when LANDLORD himself do not require it, lives in his own society flat and his only single well established son living in other city do not have any plans to come here. Only genuine reason is Tenant Rotation & Rent Hike.

Rgds

Kavita



Learning

 1 Replies


(Guest)

The landlord has every rights to evict you with a property notice provided at the time of expiry of the rental agreement lease.I can certainly understand your problem but getting into the concerns of tenant rotation and rent hike is a complete owner's preference and you cannot really control over it..unless there is any tenancy rule violated,don't even get into legal issues or get a black mark where you cannot even rent property in the neighbourhood. i know of landlords asking for previous landlords reference these days..so better try to negotiable or move out with a good handshake. my brother had a nasty eviction through court process recently that could have been completely avoided by moving out in good terms.


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