Is a legal heir protected from eviction after the tenant's death?
02-Dec-2023 (In Landlord/Tenant Law)
We live in rented flat from '65 under my fathers name who died in '84 and the original landlord sold building to new one under a companys name in 1991. we presented new landlord with document back then (just casual letter) that i'm now the legal heir. we do not have the copy with us. we did not though change the tenants name back then to my name maybe a mistake on our part. the new landlord subsequently died and his sons are in charge still under the company. the company took rent by money order for five years but never giving receipts we have been paying to rent control ever since and have the receipts. the sons from the company have been trying to evict tenants from the building and then they sent a lawyers notice, ours said that we failed to notify landlords of my fathers demise suppressing fact for 30 years and lost right to occupy flat and vacate, which is false he died in 84 mother in 87. can he evict us and are amendment like '02 applicable that we must vacate now or in future?
Look Rented premises can be vacated. It is not for use by the Tenant as his own property. He should be vacate the premises, either by his own purpose or the Landlord can notify him for vacate the premises for his own purpose. The Court will decide it. But if you feel that the Tenant will be the Landlord of the Premises and did not vacate the premises and they are secure by the law. it is not true. However, there are many tenant who can resides the premises at least 150 years or more you can see it in Big City and in this period of time they can send rent Rs.50/- also. It is an exceptional. But here I say that, if there is ground for the Landlord against the Tenant then the Court should pass an order for Eviction against the Tenant.
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