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Rent agreement not renewed landlord has sent eviction notice
08-Jul-2023 (In Landlord/Tenant Law)
My rent agreement expired in April 2018 & we didn't renew the agreement , but for the last three months, I have been paying him the rent, but 7 days back he has sold the flat & now forcing us to vacate the House, even though we had a talk that we will vacate the house in October 2018, as my mom is out of India & is living with my sister who just has a baby 2 months back, currently I, my father_ my grandmother ( who is ill) is living the apartment, & it's not Possible for us to vacate the house for ourselves, Also after listening all this my grandmother health is getting affected & we don't want to take any risk as she won't be able to manage new house. We just want the extension till October 26, as my mother is returning on 26 October, kindly help us, as owner has mailed us that we need to vacate otherwise he will call police & take legal action
As your rent agreement has expired, the concept of notice period also may not apply. Hence, it is perfectly lawful for the owner to ask you to vacate the premises. You can maybe request the existing owner and if not then request the new owner to let you use the premises till October 2018.
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This is my response to you:
1. You can send him a legal notice stating that he cannot evict you;
2. You can seek time till October, 2018;
3. As per section 15 of the Maharashtra Rent Control Act, the landlord cannot evict you:
15. No ejectment ordinarily to be made if tenant pays or is ready and willing to pay standard rent and permitted increases.
(1) A landlord shall not be entitled to the recovery of possession of any premises so long as the tenant pays, or is ready and willing to pay, the amount of the, standard rent and permitted increases, if any, and observes and performs the other, conditions of the tenancy, in so far as they are consistent with the provisions of this Act.
4. Since you have paying rent and he has been collecting till now, he cannot give you 7 days notice;
5. He is required to give you 90 days notice then only he can evict you;
6. Therefore send him a legal notice stating the same or approach the court and take stay on the sale of the flat.
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Adv. Gowaal Padavi
Mumbai | 1000+ Answers
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kindly inform us weather your Rent Agreement is registered or not?
Rent Agreement terms is binding upon both parties. after go through you Agreement terms we are able to give opinion.
do not panic, you have to reply landlord notice by way of email and letter and cc.to concerned police station. this is purely civil nature dispute therefore police will not interfere.
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Adv. Manoj Phoolchand Jaiswal
Mumbai | 25+ Answers
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Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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