Legal remedy as land lord asks to vacate without giving any reason

772 votes

Hi. What I understand from your query is that this is a case of licensor-licensee relationship. Generally in leave and license agreements, there is a clause which states that licensor has right to terminate the license at any time by giving a prior notice, subject to any lock in period. So if there is such a clause in your agreement then you have no option but to vacate the premises as per contract. If u do not vacate on or before expiry of notice period stated in the email then on expiry of notice period you become a trespasser on the premises against which the landlord has remedies against both under civil as well as criminal law. Also as per rent act you become liable to pay double the monthly license fee towards penalty for holding over and not vacating. This penalty is applicable for every month or part thereof during which you remain in occupation of the premises after expiry of termination notice. I have not seen your agreement therefore I'm assuming that your agreement contains such a clause as above. For more clarification and further advise I will have to see your papers. You can always try to request the licensor to not terminate the license and let you be in occupation for a reasonable period to enable you to find alternate premises. So keep trying that. Thanx

LawRato LawRato

927 votes

Hi good morning
You have not mentioned how many years u r staying in this flat? Is the rent receipt is in your name? Have u made any leave and licence agreement and is it registered in registrar office. The notice send by landlord is his for one month

Advocate Vandana Madan Deogaonkar LawRato

616 votes

Read your rent agreement first if there is clause for termination of agreement then that clause need to check .. you can mail to owner and ask why he wanted to terminate the contract if he doesn't have proper reason he can not vacate you as such

Advocate Kedar Ramakant Kulkarni LawRato

966 votes

No
Need to b worry about. If landlord chooses to evict you, he had to approach the case to prove Atleast one of the ground to terminate the tenancy and in that event u will get opportunity to disprove landlords case. At this stage just forget the notice as it does confer any right to recover possession from u.

Advocate N.D Jain LawRato