landlord gave notice for rental termination

5 years ago

hello I just need some information.my landlord claims she gave me advance notice for termination! 'not exactly', actually she just mailed me to vacate in three months.just after the day I mentioned her clearly to CALL ME if there is anything important to talk. because I cannot check mails due to some reasons. I have checked my mails this month i.e 'the last month of notice period and sent her lawyer notice to give me some time to vacate.i e 3 or 4 months to vacate or else I file injunction suit in court. And my question is can she file a complaint in police station and vacate me as her notice period ends?.does the matter is dealt in court or police complaint as I gave notice? can police really interfere in this ?. what if she gave complaint and police come to house and evict me ? what to say to them? can they do that?

Previous Question

Next Question

Deepak Yashwantrao Bade

Responded 5 years ago

A.police not interfere into civil matters without court orders. you need to file a caveat in Court and wait for the notice period to end.

Helpful

Prabhakara S K Shetty

Responded 5 years ago

View All Answers

A.Your entry into the premises is legal and now your Landlord has filed an eviction suit against you, and you have applied for an injunction. In this matter Police cannot intervene even after the notice period, you are certain to be evicted but only after decision of the Court.

Helpful

Ajit Kumar Sinha

Responded 5 years ago

A.In the instant case it is not clear that your is created either on the basis of oral or written tenancy and if your tenancy has been created on the basis written agreement of lease with specific terms and conditions and further it is also look into the recital of lease deed to find out the period of tenancy to see that whether it is only for the period of 11 months or fixed period of tenancy as your tenancy is fixed term tenancy in such circumstances your landlord have only right to evict the premises in your occupation before expiration of lease when any breach of terms and conditions of the lease agreement through the process of the court not forceful eviction through the aid of police force further you have legal right to protect your permissive interest in the said premises which in your occupation by proving the fact that the landlord have no personal nessecity to evict the demised premises rather he wants to evict the demised premises with a sole purpose to increase the monthly rent excessively

Helpful

Ambrose Leo

Responded 5 years ago

A.You need not vacate provided their is provision in the rental agreement, further you have to inform landlord when you will be vacating.The rental agreement are not one sided both the part have certain right & responsibilities, you can also agree to make good any loss due to your extending the period of stay.There is no intervention of police in rental agreement. better to consult a lawyer to guide & help you on all aspects of issues quickly.

Helpful

NILANJAN CHATTERJEE

Responded 5 years ago

A.Police doesn't have the authority to vacate the premises unless the court orders for eviction.

Helpful

Bharat Pawar

Responded 5 years ago

A.Sir kindly send me the notice so that we can give notice reply to owner.

Helpful

ROBERT D ROZARIO

Responded 5 years ago

A.Police cannot interfere in civil matters unless there's a court order. What best you can do is to file a caveat in Civil Court as well Rent Controller having jurisdiction of your territory. And wait for the notice period to end. If she intends to file an eviction suit for recovery of tenanted possession and mandatory injunction restraining you from causing any damages or nuisance in the tenanted premises, she will first have to intimate your lawyer of filing such filing. Caveat will protect your rights against any adverse interim-order passed in your absence from the Court. If she had refused to take rent from you, it's because she wants you to be a defaulter which will be one of the ground for eviction. So send the rent amount by money order and if she refuse to accept the rent by mo then file a petition before the Ld Rent Controller for deposit of rent and start depositing the rent every month thereafter.

Note: Under the West Bengal Tenancy Act, 1997 a tenant cannot be evicted without the due process of Controller.

Helpful

Mohd Imran

Responded 5 years ago

A.If you would not vacate her premises than she will go to court to get an order of eviction.
Before this you can approach court also to pass an injunction order restraining her from taking coercive action against you to get vacated her house

Helpful

Read Related Answers

Leave & Liscence agreement

Dear Sir, You cannot stop basic necessities of such tenanted house which is illegal as per law. The proceedings before the Courts cannot be taken away by mutual agreement also. You have to file a suit...

Landlord/Tenant

Dear Client, If the owner continues to delay or refuses to comply, you may need to explore legal options. Filing a case in court could be the next step to seek resolution and potentially recover you...

Landlord/tenant

Dear Client, If the builder/ broker has not delivered the possession even after the the due date as mentioned in the contract you have a few legal options, one is to cancel the agreement with the bui...

No return of advance paid. Absence of agreemnt

Dear sir, You have to go to police since it is nothing but a cheating being committed by owner. Otherwise you can use your muscle power by taking your friends to your owner and verbally fight with him...

Redevelopment of chawl

Dear sir, You may contact local lawyer exclusively practicing in real estate and thus get effective legal advise on the above subject matter.

Read Blogs on Landlord and Tenant

Land Grabbing: The Theft of Land

Permanent work from Home – Is it the beginning of death of high demand commercial projects?

Real Estate Regulatory Authority (RERA)

MARRIAGE HALL CONTRACTS – LEGAL STATUS OF BOTH PARTIES IN THE LIGHT OF COVID-19

Landlord and tenant should know about the nitty-gritty of Keynote Tenancy Act 2019

Landlord and Tenant Lawyers

Bangalore

Mumbai suburban

Prabhakara S K Shetty

Bangalore

View Full Profile

Meenakshi Periyahkaruppan

Chennai

View Full Profile

Jaswant Singh Katariya

Gurgaon

View Full Profile

Type of Consultation	Fees
Phone Consultation	₹	Not Yet Updated
Meeting Consultation	₹	Not Yet Updated
Email Consultation	₹	Not Yet Updated
Video Conference	₹	Not Yet Updated
Request for quotation from the Lawyer.