I am a tenant in a flat
2 years ago
I am a tenant in a flat.and my agreement ending on october 22. it is a loaned property and the owner have not paid loan installment. the banker has send a notice that they have order no... to vacant the flat this month. what can I do now.
Vaidehi Samant
Responded 2 years ago
A.You will have to vacate the house but you can ask owner to pay back your deposit amount and the rent amount if any you paid in advance for the upcoming months after this month. If the owner doesn't pay back and you have evidence of such transaction of money which you paid him and a written agreement towards rentals of the flat you can file summary suit against the owner in the Court of your concerned jurisdictional area where such property is located. Thank you.
Since the there is an order against the property to vacate it and as your owner is not doing anything for that so, it is advised that you should vacate the house after having spoken to the bank. You may talk to bank and seek some time for the movement.
Subhashis Paul
Responded 2 years ago
The tenants of a house hypothecated to a bank as collateral security for a loan, cannot be evicted by the banks to make good the loan left unpaid by the landlord. Protecting the rights of tenants under the Rent Control Act over that of banks under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act (SARFAESI), 2002, the Supreme Court has held that “A tenant cannot be arbitrarily evicted by using the provisions of the SARFAESI Act as that would amount to usurping the statutory rights of protection given to the tenant.”
Thank You
Anupam Shandilya
Responded 2 years ago
very sorry to say that you are not left with any option and you will have to vacate the flat.
so get refund of any security paid by you to the landlord.
so get refund of any security paid by you to the landlord.
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