Legal Question in Real Estate Law in India
Regarding the occupation in the house
I had rented a house in Karkala , Karnataka ,India.I have been staying there since last 35 years . We did not have any agreement whatsover till 1999 . In 1999 i have entered into a rental agreement with landlord . Now that i am transfered to Bangalore , i am not staying in the house . I have locked the house since last year . but i have been going there once in 2 months & stay there for 1 or 2 days . I have been paying the rent without fail . Can the Landlord evict me saying i am not occupying the house ? i do not want to surrender the house ,Pls advice
2 Answers from Attorneys
Re: Regarding the occupation in the house
In my opinion under the provisions of the rent act the landlord can evict you on ground of non-user.However if the rent act is not applicable then the lease will be governed by the terms of the lease.I will hve to see the lease agreement to give a definite opinion.
Re: Regarding the occupation in the house
To express any opinion two things need to be seen viz. whether provisions of Rent Act are applicable to the area in which your rented house situate and second thing would be nature of the Agreement between you and landlord. If the nature of agreement is that of licence - eviction by landlord is quite easy.
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