Can a landlord verbally ask the tenants to vacate the premises?
Question asked by Ehtehsam from India:
Hi all Advisors, I need to know according to law is this legal for landlord to tell tenants who is staying more than 40 years commercial and residential to vacate in 3 months verbally. We are staying more than 40 years there are 4 shops and 1 house everyone is more than 35 years no one is having agreement and all the things are taking care by tenants. Owners also not living in that house more than 25 years. Can anyone give me suggestion how should I proceed to court to stop landlord. They want to sell whole area and they are forcing tenants to vacate soon. Please advise us legal action and help us.
Thanks
Ehtehsam
Veena Answers:
We are of the view that the landlords cannot orally dictate terms to the tenants to vacate the premises but have to issue a quit notice calling upon the tenants to quit, vacate and hand over possession of the premises. Further, we are of the view that the landlord is at liberty to deal with his property in any manner as deemed fit by him and no court will grant any restraint order against the true and lawful owner of a property. In the event the landlord intends to sell the whole area, the tenants have an option of negotiating with the landlord to have their tenancies attorned in favor of the subsequent purchaser.
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