You can refuse to vacate
new landlord would have to file suit for eviction
if you contest it would take years to be disposed of
you can refuse to sign 11 months agreement
How can I avoid being evicted by a new landlord after my rented shop is sold?
I am running a shop since 4 years in a rented shop. My old owner has sold his property to his uncle whose house is adjacent to my rented shop. I have 3 daughters to marry and I stay in a rented home and my financial condition is poor. I dont have any property of my own here. I want him to let me have the shop for another 5-6 years but he is giving me only 1 year's time. We do not have any written tenancy agreement, we have only oral agreement with the old landlord. 1. Can the new owner evict me if we dont have any written agreement? 2. The new owner wants me to sign a tenancy agreement. What happens if i dont sign the 11 month tenancy agreement at all. 3. Can i force the new owner to sign a 5 year agreement? 4. He wants to evict me as he wants to reconstruct my shop and occupy it for personal use. Can he evict me on that basis? 5. If he sues me in court, how long will it take for the case to close? On what reason can i keep dragging it?
Asked 3 years ago in Property Law
Religion: Hindu
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4 Answers
He can at the most file eviction proceedings against you. You try to execute an agreement with him for a reasonable period. The case in court may drag for long.
Dear Sir
You have every right to not sign the 11 month tenancy agreement.
If you refuse to vacate the property, he will most probably file an eviction suit.
However it will most likely take a long time in court before you are evicted.
Thank you
1. Since the new owner has given you one year's time, you may have to arrange to relocate yourself as well as you business elsewhere, if the new owner is filing an eviction suit, you may be evicted by court if you refuse to vacate.
2. Entering into a rental agreement with the owner will protect your tenancy rights.
3. you cannot force the owner to enter into a five year's agreement, it is his discretion.
4. Since you do not have any proper rental agreement with the previous owner, your claims for tenancy rights may not be sustainable at least as per law.
If he is filing an eviction suit stating that there is no rental agreement between you and him, neither an agreement existed between you and the previous owner, and that he wants the property for his own use, his eviction suit may be maintainable on these grounds.
5. It may take at least one year for disposal, if you want to drag on the issue, you may instruct your advocate accordingly for the reasons you may rely upon
