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UWriting this in great distress in the hope of getting good advise. At the outset I want to clarify that my priority is to protect my daughter’s future. Its a long read so I request you to bear with me
* I rented a flat in Kolkata in June last year when I moved here and got my daughter admitted to school. The landlord seemed to be a nice person and I agreed to a rent which is above market value since he also promised me parking for my small car (Alto). Finding parking within premises is a problem in Kolkata especially if you are renting.
* When I finally moved in. I realized that the access to parking is not through the main gate, but I had to actually drive my car over the footpath to access the parking area via another smaller gate. Worse, there is a taxi stand along this footpath and taxis are often parked blocking the access.
* In the initial days, my car was damaged as the underbody hit the raised side of the footpath. I had to get the repairs done at my own expense. In addition, I have to often park my car on the road because of taxis parked along the footpath blocking access. When I tried discussing this with the landlord, he showed his true colors by turning arrogant and said I should have seen that before renting. I said that why would anybody assume that parking cannot be done through the main entrance?? that is the reasonable thing to assume and that he should have told me about the peculiar parking situation. But he completely ignored this saying he can do nothing now.
* Despite that, I have been putting up with this problem as I have work pressure and also, my child is approaching her board exams. I am out at work and my daughter is in school, so we are hardly around. We keep to ourselves as we simply don’t have time for anything else.
* About three months back, I tried talking to the landlord since we found a huge issue with mosquitoes in the house, arising due to a broken drainage pipe outside the kitchen window. I tried suggesting to him if there is a way if some pesticides can be sprayed in the common areas. He suddenly became aggressive, shouted at me and told me to leave if I have so many problems. I backed down since my daughter had just settled and I don’t want to disturb her studies by moving again.
* All along, I have also found the behavior of the durwans in the building to be hostile towards me. At the beginning, the landlord had suggested that keep paying some kharcha paani to the durwans, which I refused (the building association should be responsible for their salaries) One of the durwans had even said to me that as tenants, there is no respect for us here. To make matters worse, in the last couple of months, someone has been ringing the doorbell of my flat at midnight, which I ignored. Couple of weeks back, when this happened again, I found courage to come out to speak to the durwan. He behaved threateningly and dared me when I said I would complain to the police.
* The very next day, when I complained to the landlord, he asked me to vacate in 30 days time by end Jan, even though the rent agreement is valid until April 30 2025. I have a feeling he already has another tenant lined up since he did not give me a reason to vacate. I know that he does not need this flat for personal use as he already lives upstairs in another flat he owns.
* Note that I have been paying my monthly rent all on time, have also paid a 2 month security deposit as demanded and have in fact been parking my car elsewhere for last two months due to the problems mentioned. He has not even reduced the rent even though I am not parking in this building any more.
* I cannot move now as my daughter’s final exam starts in feb. I also planned to be here for 3 years at least since her board exams are also near (the landlord and I discussed initially that I have plans to stay for 3 years in this flat) I have no intentions of occupying the house without rent and would anyways move out of the city after the board exams, but such harassment is really troubling me.
* I now fear that he may force me to vacate. He is a wealthy man with multiple flats in this building and controls the durwans too. My questions are* If I can get an injunction against forcible eviction, should I go to a civil court? How do I find out the right court with the correct jurisdiction?
* What will be the expenses for a lawyer to draft notices/file suits?
* Since I have a small school going daughter and the landlord’s actions are having an effect on her too, can the women and child commission of the state help, with respect to the landlord’s behavior?
* I will go to the police if I have to but as a last resortI repeat that I have no intention of not paying rent. We just want to live peacefully and not get caught up in illegal threats and actions. I don’t have the courage to confront him as he is short tempered and threatens me, but I am also prepared to stand up for our rights to live with dignity. Thanks for reading till the end and your advise.
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UIn short, if like most rent agreements yours has a clause that says either party can request to vacate the premises by giving a 30-days notice then there nothing much you can do legally. Your landlord has given you a formal notice and you would have to vacate the house.
While your reasons are valid that you have a school going daughter and you intended to stay here for a longer duration, the court of law would still go by the signed agreement and unless there’s a serious issue that needs to be settled through a court case (if you file one) your reasons won’t be enough to override the agreement.
My honest suggestion would be to get out of that place. Landlords often live in a fool’s paradise that they rule over their tenants. On the contrary they are somewhat dependent on the rent and no one ‘owns anyone’ here. That place doesn’t seem to be a good place, if the guards are acting arrogant and rude you also need to think of your adolescent daughter’s safety above all.
It would be a hassle for a month but moving to a new place will give you and your daughter the mental peace.
Good luck.
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UAppreciate your response, there is also however a 2011 Supreme court ruling which states that a tenant who has been paying rent regularly cannot be evicted before 5 years. Pls understand that I have no intention of squatting. Even if I move, I will need time to find a suitable place which takes time. Asking a family on a whim based on a one sided agreement cannot also be condoned
[https://timesofindia.indiatimes.com/city/mumbai/rent-paying-tenant-cant-be-evicted-for-5-yrs-sc/articleshow/8310938.cms](https://timesofindia.indiatimes.com/city/mumbai/rent-paying-tenant-cant-be-evicted-for-5-yrs-sc/articleshow/8310938.cms)
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