Landlord asking to vacate premises immediately without giving notice
I am a tenant and the landlord is asking us to vacate the premises immediately. The rent agreement has a provision of 2 months notice for vacation but the landlord came with 4 men and asked us to vacate the house immediately. The lease is also not over yet.
He has now also cut the water connection to harass us. What action can we take against him?
The facts stated abovethat the landlord is doing a forceful eviction. If as per the rent agreement, owner is required to give two months notice, then legally he cannot ask you to vacate the premises.Till the time your owner does not give you a written communication, you can choose to stay in the house till that time. Further, we suggest you to approach the nearest police station and lodge a compliant therein clearly mentioning that the owner hired 4 goons(men) and forcefully tried to take possession of the property.
It also important to mention that tenancy rules differ state wise,a ssuming your property is situated in Delhi, you will be governed by Delhi Rent Control Act. 1) If the landlord refuses to accept rent, the you must issue a notice to the landlord asking him to provide a bank account number where the rental fee can be credited. The notice period for provision of this information should be less than 10 days. This notice must clearly state the option being exercised by the tenant and that the tenant is unable to contact the landlord for payment of rent. This letter must be sent to the landlord through a registered post with acknowledgment due.
If the landlord provide the bank account number, then you should deposit the rent in the said bank account. However, if the landlord does not respond to the notice, then you should proceed to the second step. Further you must send the rental amount to the landlord through money order. As a you should also retain the money order receipt/coupon as evidence in case of further problems. If the landlord accepts the money order, then future payments of rental receipts can be made through money orders. However, do note that the money order commission can be deducted from rental amount according to law.
However, if the property owner refuses to accept or acknowledge the receipt of money order, then you must file a case in the civil court under Section 27 of Delhi Rent Control Act and obtain court's approval for submitting further rents into the court.
However, do note that you should follow all these steps perfectly without any delays between any of the above mentioned steps. Any deviation could lead to problems for you in case the landlord files a case for eviction on grounds of non-payment of rent.
Another way by which landlords evict tenants is by cutting off the electricity and water supplies within the premises. This often puts the tenant in a highly unenviable position. In such cases, you can approach the civil court with an appeal to restore the cancelled amenities. The landlord will have to comply with the court order
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