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Mit (IT)     26 August 2008

Rental Law

Hi, One of my friends' family has been staying in a rented house
-For more than 13 years
-Current rent is Rs. 3500
-No rent agreements
-No rent receipts
-Rents paid in cash
Now, the owner has asked for eviction with 3 months oral notice period on grounds of personal use. But it clearly is for greed of getting higher rents. What legal rights does my friend's family have on the rented premises? Can they ask for a premium to vaccant the house?



 3 Replies

ARVIND KUMAR (LAWYER)     26 August 2008


1- Oral notice has no validity in the eye of law for the purpose of eviction. The notice for eviction should be in writing under T.P.Act.

 2- There is no Agreement neither rent receipts, although claim existed as tenant in the property in dispute. So far this your friend can claim for adverse possession holder. After lapse of about 13 years.

3- Now tell me one thing whether the land lord refused to receive the rent or not. If he is still continuing in receiving the rent in this condition, landlord can not evict your friend from the disputed premises under the law.

4- Tell me one thing more from where this matter is arising. Give me district and State in India also.

5- The eviction of your friend can be only in accordance with the rent law. Otherwise landlord has no option to eviction.

6- If landlord taken ground of personal use. Then in this circumstances you have to enquire about the present status of landlord in detail . And after going through entire case I can put my opinion that what should be or not.


Mit (IT)     26 August 2008

Thanks for the reply. My friend is in Andra Pradesh. Yes, the owner still accepts the rent. The owner is staying in the same house with his family. It's an independent house and a portion has been rented out to my friend.

advocate jain (advocate)     27 August 2008

thnx for ur information

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