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Author Topic: Notice Period for Residential flat...  (Read 306 times)

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Offline Kathir

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Notice Period for Residential flat...
« on: July 31, 2016, 04:44:25 AM »
Dear Sirs/ Madams,

I am residing in a flat in Chennai for the past 4 yrs. The rent amount is Rs 10,000. There is no rental agreement and neither rental receipt is given by the landlord. He doesn't give his PAN as well... Now he asks to vacate in 1 month period for no reason... All these days amicable relationship is maintained....  I am asking at least 3-month notice period...

I would like to know

1. what does the law say?

2. Can I stay for 3-month, even if he refuses to accept it?

3. He is evading the TAX. Can I make a formal complaint to IT department if he persists with vacating the house in 1 month as a tit-for-tat? Will it put me in trouble in future?


Thanks,
Kathir.

Offline advjaibansal

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Re: Notice Period for Residential flat...
« Reply #1 on: August 01, 2016, 09:31:36 PM »
Dear Sir,

Please reply to his notice for eviction that you can only vacate after three to four months. Keep on staying in the property for four months then vacate. Even if the landlord goes to court, it may take more than four months for him to get the property vacated.

Even if there is no agreement, the court can ask you to vacate the property if the landlord files any case for possession/eviction.

Regards,
jai bansal
Advocate, New Delhi
Supreme Court of India
bansal.jai@gmail.com
mobile: 09868566649

Offline Kathir

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Re: Notice Period for Residential flat...
« Reply #2 on: August 05, 2016, 05:09:28 AM »
Dear Sir,

Thanks for your reply. Could you please answer for the following question as well?

"3.He is evading TAX. Can I make a formal complaint to IT department if he persists with vacating the house in 1 month as a tit-for-tat? Will it put me in trouble in future if I give written complaint to the IT department, as I have shown the rent as Rs 8000 for the housing allowance instead of Rs 10,000 (due to his refusal to share his PAN card)?"

Offline rajgopal sripathi

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Re: Notice Period for Residential flat...
« Reply #3 on: August 08, 2016, 09:59:44 AM »
Hi
If the land lord asks to you vacate in 1 month, you should write to him and request for atleast 3 months time.
Since you have been a tenant for last 4 years, the land lord should give you a vacation notice in writing and should oblige in case you request him for 3 months notice .
Yes. you can write to Income tax commissioner for evasion of taxes. if your information leads to recovery of unaccounted money from your land lord, the government might also reward you to a small extent.
Rajgopal Sripathi
Mobile:9704772200
email:rajgopal@legalwin.in

 

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