Upgrad LLM

what are the rights of the tenants in delhi ?

STUDENT

Respected members of the club,you are being requested to define the rights of the TENANTS,particularly in DELHI.

One of my relative has taken a DDA FLAT on rent in the year 2004 @ Rs. 4800/-per month.The landlord did the simple rent agreement on Rs.10/-stamp paper (notarised) for 11 months and has been keeping the original agreements with him for the last 7 years and the TENANT has only photocopies of the rent agreements.The landlord enters into a new rent agreement in the 12th month of every year with a continuous increase in rent @ 10% every year.

The present rent is Rs.7500/-per month and the agreement was executed just in JAN 2011 for as usual 11 months. Since last week the landlord has started asking the Tenant to vacate the flat ,because he stated that he is getting offers of Rs.15,000/-per month of the same flat.And if tenant fails to do then he would not be responsible for the consequences..

The tenant has been living at the same flat for the last 7 years and paying rent regularly every month via either cheque or transfer to the landlord's savings account.

  • What should the tenant do to safeguard his rights as tenant because he needs at least 2 years time for arranging the same ?
  • Whether the tenant could file any application or complaint to restrain the landlord from forcefully evicting him on urgent basis ?

The landlord has been lured by the property dealers in the area to rent it out to the students as paying guest .

 

 
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Lawyer

Hi Divya!

have you gone through the copy of the rent agreement? it must specify in one of its clauses about the notice period if the owner wants to evict the tenant.

The procedure is generally what is agreed in the rent agreement is binding upon both the parties. if at al u have agreed to vace the rented premises after notice being served to you, you will have to leave the premises. You can not really ask for a time period of two years. rather he is at a better position to evict you once the eleven moth agreement is over and otherwise also, if eviction on a notice period is menioned in the agreement.

Regards

Adv Ruhi

 
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ADVOCATE

First, U read a rent agreement and it's condition.  Second, U meet landlord and discuss that i vacant your property after 2 (two) year it landlord not agree with u and give a notice u give a reply his notice and then file a suit in court. Third, U give a application / complain in police station against landlord for that. U contect local lawyer for that and give all evidence (receipt of rent, agreement of rent etc....) zerox copy.   

 
Reply   
 

Yes contact a good and honest local lawyer. You may also find this of interest to you http://www.lawyersclubindia.com/articles/Tenants-you-need-not-fear-Law-is-with-you-3366.asp

 
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POWER OF DEFENSE IS IMMENSE

you have been trying to solve your case by putting various inputs but it is defficult to solve the matter in sthis way instead you will get more confused. Get a good advocate and take legal action. The advice here is free but advocate will cost money and good money in such cases so choice is yours.

 
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