Need Legal Advice on unable to Stay during Notice Period
4 months ago
Dear All,
We had stayed for 7 months at a rented Apartment in Pune and on 1st Nov we gave more than 30 days of Notice to Landlord. Due to some reasons, we had to visit our Hometown (Festival) & we were out of the station for 20 days. After the Landlord came to know that we went and the flat was locked, he started creating issues. Later once we came back, there were many prospective tenant visits. After we vacated the flat & handed over the keys to the Agent, we came to know that the Landlord would deduct the December rent as he has not got any tenant but there is no such clause in the Agreement that during the Notice period, we have to stay in the Flat. Would like to understand that the Inspection clause gives the Owner rights only after he initiates that he or his representative can visit but unless we are staying in the flat, he cannot exercise any strictness that we have to stay or give the keys to anyone. He is just Money- minded and has been abused, mentally agonized & harassed with harsh and Oppressive words. We want to file a case against the Landlord and teach him a lesson that we as Tenants are also Human so Landlords should treat them properly.
Please guide us on the next course of Action to be taken and let us know if we are on the right grounds and what are Owner and tenant rights in this situation.
Certainly. If you find yourself facing potential eviction, one course of action is to initiate legal proceedings by filing a suit before a Civil Court. In this suit, you can seek an interim injunction against the landlord, aiming to prevent any interference with your right to occupy the premises during the legal proceedings. As the case progresses, you may pursue a decree of permanent injunction, which, if granted, would legally bind the landlord from attempting to evict you without following the proper legal procedures. This decree typically includes a direction to the landlord, prohibiting them from demanding vacant possession unless they adhere to the specific legal provisions, such as filing a suit for eviction or following the procedures outlined in the relevant state rent control Act. It's important to engage the services of a qualified legal professional to guide you through this process, ensuring that your rights are adequately protected and that you follow the appropriate legal procedures relevant to your jurisdiction and the specifics of your case.
In the absence of a specific clause in the rent agreement, a landlord cannot deduct a rent of one month from the tenant during the notice period. Apart from the legal remedy under CPC, you can approach the concerned Rent Controller appointed under the State-specific Provincial Tenancy Act for redressal of your grievance.
You may file a suit before a Civil Court and get interim injunction against the landlord from interfering and you will get a decree of permanent injunction with a direction to the landlord not to vacate you until and unless he files a suit for eviction or any other procedure as may be prescribed in the relevant state rent Act.
Excess land not in record, can it be sold??
Leave & Liscence agreement
Landlord/Tenant
Landlord/tenant
No return of advance paid. Absence of agreemnt
