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SMy landlord has reached out to empty the flat within 30days because he wants to sell it. We have a 2 year lock in agreement and just finished 1 year of tenancy. We have had no issues with paying any bills and even paying the rent before the month is up. The apartment is in a much better shape than before and is well taken care of.
Attaching photos of the agreement for any insights.
Please let us know if we can contest this or if we have to leave within the month.Didn’t let me attach screenshots.
Adding the verbatim of the agreementPeriod: That the Licensor hereby grants to the Licensee herein a revocable leave and license, to occupy the Licensed Premises, described in Schedule I hereunder written without creating any tenancy rights or any other rights, title and interest in favour of the Licensee for a period of 22 Months commencing from 01/07/2024 and ending on 30/04/2026 2) License Fee & Deposit:That the Licensee shall pay to the Licensor the following amount per month towards the compensation for the use of the said Licensed premises. a) Rs. 30000/-(Thirty Thousand Only) per month for the first 11 months, b) Rs. 33000/-(Thirty-Three Thousand Only) per month for the next 11 months. The amount of monthly compensation License fee shall be payable within first five days of the concerned month of Leave and License. Licensees shall also pay to the Licensor Rs. 100000 interest free refundable deposit, for the use of the said Licensed premises. 3) Payment of Deposit:1] That the Licensee have paid / shall pay the above mentioned deposit/premium as mentioned above by Transaction Reference No. 417012131301, dated – 18/06/2024, drawn on the Licensee’s Banking Account with Hdfc bank Bank, . Branch. Amount Rs.10000/-(Ten Thousand Only) 2] That the Licensee have paid / shall pay the above mentioned deposit/premium as mentioned above by Transaction Reference No. 417509049248, dated – 23/06/2024, drawn on the Licensee’s Banking Account with Hdfc bank Bank, . Branch. Amount Rs.90000/-(Ninety Thousand Only) 4) Maintenance Charges: That the all outgoings including all rates, taxes, levies, assessment, maintenance charges, non occupancy charges, etc. in respect of the said premises shall be paid by the Licensor. 5) Electricity Charges: The licensee herein shall pay the electricity bills directly for energy consumed on the licensed premises and should submit original receipts to Licensor indicating that the electricity bills are paid. 6) Use: That the Licensed premises shall only be used by the Licensee for Residential purpose.The Licensee shall maintain the said premises in its existing condition and damage, if any, caused to the said premises, the same shall be repaired by the Licensee at its own cost subject to normal wear and tear. The Licensee shall not do anything in the said premises which is or is likely to cause a nuisance to the other occupants of the said building or to the prejudice in any manner to the rights of Licensor in respect of said premises or shall not do any unlawful activities prohibited by State or Central Government . 7) Alteration: That the Licensee shall not make or permit to do any alteration or addition to the construction or arrangements (internal or external) to the Licensed premises without previous consent in writing from the Licensor. 8) No Tenancy: That the Licensee shall not claim any tenancy right and shall not have any right to transfer, assign, and sublet or grant any license or sub-license in respect of the Licensed Premises or any part thereof and also shall not mortgage or raise any loan against the said premises. 9) Inspection: That, the Licensor shall on reasonable notice given by the Licensor to the Licensee shall have a right of access either by himself / herself / themselves or through authorized representative to enter, view and inspect the Licensed premises at reasonable intervals. 10) Cancellation: That, Subject to the condition of lock in period (if any), if the Licensee commits default in regular and punctual payments of monthly compensation as herein before mentioned or commit/s breach of any of the terms, covenants and conditions of this agreement or if any legislation prohibiting the Leave and License is imposed, the Licensor shall be entitled to revoke and / or cancel the License hereby granted, by giving notice in writing of one month and the Licensee too will have the right to vacate the said premises by giving a notice in writing of one month to the Licensor as mentioned earlier. 11) Possession: That the immediately at on the expiration or termination or cancellation of this agreement the Licensee shall vacate the said premises without delay with all his goods and belongings. In the event of the Licensee failing and / or neglecting to remove himself and / or his articles from the said premises on expiry or sooner determination of this Agreement ,the Licensor shall be entitled to recover damages at the rate of double the daily amount of compensation per day and or alternatively the Licensor shall be entitled to remove the Licensee and his belongings from the Licensed premises, without recourse to the Court of Law. 12) Registration: This Agreement is to be registered and the expenditure of Stamp duty and registration fees and incidental charges, if any, shall be borne by the Licensee and Licensor equally .
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NHe can’t do that. If you look at clause 10 there’s a lock in period. Now that there’s no default on your end he cannot just terminate the agreement and make you move out of the flat.
You can make a strong case against him.
Where is the flat located? Which state?-
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NSee this is a leave and license agreement, your rights are governed by the terms of the agreement and applicable local laws (e.g., in India, the Maharashtra Rent Control Act, 1999, Many jurisdictions protect licensees during a lock-in period, and courts often uphold such clauses unless a breach is proven.
So you have a legal ground on this issues you just have to get a local advocate to fix i
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LSelling property is a very hard task. If the owner has a buyer and wants to sell the property, then try to help him. 30 days is definitely not enough time. Try to negotiate for a considerable time, like 3-4 months.
If he does not agree with that, then put a legal battle.
Energy, time, money, and peace wasted in finding and moving to a new property will be much less compared to the legal fight.
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DBro. You are not the aggrieved party here. Your landlord is. Why are you trying to go legal. Just inform him you wont move out until next year or whatever is as per contract. He has to take legal action against you which he wont because its gonna take longer than a year. Make sure to adjust the deposit in the rent of the last months because after doing all this he can screw you by not giving deposit back.
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