leave & lic agreement

Manager

i am on rent in Goa. the leave & licence agreement has a clause which reads as:

"  In the event, the licensee desires to vacate the premises before the expiry of the stipulated period of 11 (eleven) months; the licensee shall give the notice of 02 months in advance. In case, the notice is not given to the licensor, the licensee shall have to pay, compensation of 02 months before the expiry of the period of 11 months."

There is NO mention about any notice to be given by licensor (landlord) to licensee (me) in case a pre mature eviction is desired by the landlord (licensor)..

My question: In this scenario, can the land lord (licensor) evict me from the house by giving or without giving any notice, before the expiry of the 11 months contract?

 

 

 
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Legal Secretary

Surprising you are reading this document after signing it. Fraud victim.
 
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Lawyer in Hyderabad.wats app no.9989324294

Landlords may end a fixed-term lease before the end date by mutual agreement with the tenant. Agreements should be in writing. Otherwise, a landlord must give the tenant written notice.

Landlords may also end a periodic tenancy either by mutual agreement with the tenant, or by providing written notice. The same reasons and notice periods apply, as if a fixed-term lease were in place 

 
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Advocate

Sir,

Please clarify me the period of Leave and License Agreement. Also needs to understand, whether lock in period clause was there in the Agreement?

Regards

Adv.Kishor Hajare

9930647734

 
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Advocate Solicitor & Consultant

Dear Mr Fraud-Victom,

The terms and conditions of the  Leave and Licence agreements will prevail as per the contract but where the contract wording is silent there the Goa Rent Control Act will prevail. The Land Lord can evict the licencee before the termination of the licence period on the ground of his personal unavoidable needs or on the same terms which is on part of the licencee in the contract of leave and licence duly signed by the both parties.

Please do not understand that if there is no mention of the part rights and liabilities of either party the other party will have overriding effect in any case area.

I agree with the observations made by our member Adv. Mr  Ramachary. 

 
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Advocate

The silence about the licensor's right will not mean that he can proceed as per his wishes and whims.   As rightly observed above, the local relevant law will come into force to the licencee's rescue if the licensor is found to indulge contrary to law to evict the licencee from the premise.

 
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