Under what circumstances can a legal notice on renewal of tenant agreement be served?
We are tenant of a house . We have not given rent for the month of March & April we are old tenant since 1994. We don’t have the new agreement & our landlord want us to vacate the house. We are already fighting in the court. Can he take us out without any notice? Can we stay there for longer?
By  Anonymous  |  30 Nov 2016  |  Upvotes: 0  | 

1 Answer(s)

Ravindra Purohit

You have not specified in your question as to what is the monthly rent of the premises and as to whether the Agreement under which it was taken was in writing and was registered and what was the duration of the tenancy. Further you have also not mentioned about the nature of the litigation pending in the Court. In any event in case the monthly rent is below Rs. 3,500/-, the provisions of Delhi Rent Control Act, would be applicable, wherein you can be evicted only under certain specified grounds which includes not payment of rent , subletting of the premises, bonafide requirement of the landlord etc. In case the monthly rent is above Rs. 3,500/- and agreement is registered (if over one year) then the terms of the lease would prevail. The landlord under such circumstances is liable to serve you with a notice under Section 106 of the Transfer of Property Act giving 15 days time on the expiry of the tenancy month for terminating the tenancy. Thereafter, he has to file a suit for ejectment which will be tried by the Court. The landlord cannot forcibly evict you from the premises and the procedure before the Court will take few years to be decided. The strength of your case can only be told on having details of the case. You should however, pay the rent to the landlord either by sending the same by money-order or by depositing the same in court in the litigation already pending.

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