Clause 10 is clear
licensor can terminate agreement if mother fails to pay rentals or commits breach of terms of agreement
refuse to vacate .let him file eviction suit
Early termination of 22-month rental agreement
My 74-yr old mother lives alone in a rented apartment since 4 years ago (in Pune/PCMC, Maharashtra), She started with a 22-month leave/license agreement, renewed+registered twice, most recently on 1 May 2024. We paid 6 months rent in advance. Suddenly after 3 months 6 days, he asked her to vacate the apartment within 55 days, saying he needs it for himself (although it seems it is being sold). She needs more time as she doesn't want to rent again and instead wants to purchase a house for stability in old age. (She's happy to purchase the house but landlord hasn't said he's selling or possibly already agreed with somebody) Following is the agreement. Please inform how long can she stay and any tactical options: Whereas ... on Leave and License basis under Section 24 of the MAHARASHTRA RENT CONTROL ACT, 1999. ... 1) Period: That the Licensor hereby grants to the Licensee herein a revocable leave and license, to occupy the Licensed Premises ... without creating any tenancy rights or any other rights, title and interest in favour of the Licensee for a period ... from 01/05/2024 and ending on 28/02/2026 2) License Fee & Deposit:That the Licensee shall pay to the Licensor the following amount per month ... ... 8) No Tenancy: That the Licensee shall not claim any tenancy right ... ... 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 her goods and belongings. In the event of the Licensee failing and / or neglecting to remove herself and / or her 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 her belongings from the Licensed premises, without recourse to the Court of Law 12) Miscellaneous: Other Clause:-Mrs<tenant> is Staying in Licensee premises ... (removed due to word limit: secitons 3 (deposit), 4 (maintenance charges), 5 (electricity charges), 6 (use), 7 (alteration), 9 (inspection),13 (registration)
Asked 4 months ago in Property Law
Religion: Hindu
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8 Answers
This registered L and L is valid for a period of three years and it is nowhere mentioned that the licensor is entitled to evict the licensee in between for the reasons you have stated here.
Since the license is valid for a period of three years and that your mother would like to remain here till she finds an alternate accommodation, she can clearly inform this and refuse to vacate even if the landlord issues an eviction notice.
If necessary you can file a suit for injunction against the landlord to restrain him from forcibly evicting your mother from the premises other than by due process of law.
Rent payment should be regular and legal notice should be given
It is agreed that there will be added trouble caused due to shifting of the house. But the agreement will prevail as the landlord equally holds the right to demand vacating of the premises upon serving notice as per the stipulated time.
You might want to try to settle with the landlord amicably and request for giving additional time .
Dear Client,
It can be inferred that the agreement is valid until 28/02/2026, as stated in the contract. The landlord is trying to terminate the agreement prematurely. The Maharashtra Rent Control Act, 1999 provides protections for tenants from arbitrary eviction. Since your mother has a valid and registered leave and license agreement, the landlord cannot evict her without a legitimate reason that complies with the agreement and law. Since your mother is willing to purchase the property, negotiating directly with the landlord might be beneficial. If the landlord is indeed selling the property, your mother could express her interest in buying it, possibly securing more time to arrange the purchase or a temporary extension. If the landlord insists on eviction without a proper legal basis, your mother can challenge this in court. Given that the agreement explicitly mentions a period until February 2026, the court might provide relief, granting her more time to find a new place or purchase the current one. It is advisable to consult with a lawyer specializing in property law in Maharashtra.
He can’t vacate you before lock-in and notice period after that he can legally vacate you. You can’t compel him to sell to you
If there is no breach of terms of the license agreement by the licensee then license can not be cancelled before the stipulated date by the licensor.
- Since, you have paid the 6 months rent in advance , then the landlord has no right to evict your senior citizen mother before this period on any ground.
- Your mother being a senor citizen can file a complaint under the senior citizens act for harassing and evicting against the law.
- If the landlord insist or even sold the property , then also your mother has her right to occupy the same , and even she can stay order from the Court
- Further, if you can even file this complaint on behalf of your mother , if she is not able to approach the tribunal.
