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My tenancy contract was due to expire in January 2014. A couple of weeks before the expiration date, the agent (on behalf of the LL) called me and told me that the LL wishes to sell the apartment. He said to me that the LL is being reasonable and offering me to stay for a few weeks or months, until I find a new apartment. He then told me to send him an email, stating until when I would like to occupy the apartment. Not knowing about the 12 month eviction notice if the landlord wants to sell the apartment (my bad for not doing any research), I sent him an email stating that I would like to stay in the apartment until the end of April (1 more rent cheque - my contract was by 4 cheques). Basically that I will vacate end of April.

I later found out that I should have been given 12 months notice. I called the agent back, and after telling him this, and why he didn't inform me of the 12 months notice, he told me that he never told me I have to move out, and acted as if the previous phone call never existed. When I stated that I would go to RERA, he started laughing and said "with what proof?....I have an email from you stating that you will vacate the apartment in April 2014".

What I need to know is, is the email I sent him a formal document for giving my notice to move out?

And since my contract expired in January 2014, is it legal to give the tenant only a 3 month contract?

I have received 3 emails from him asking me to go to his office to sign the contract for 3 months. I haven't responded to the emails and have not signed a 3 month contract yet.

I would like to stay in this apartment, and hope there is anyone who can give some sound advice.

Is there anything I can do?
 

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Don't sign the three month contract.

Tell the landlord that legally you must receive a 12 months notice to move. There's no way around it, legally.

If in doubt, you can just go to RERA and say that you initially agreed to move out in three months but that was because you weren't aware of the 12 months notice requirement. Legally the landlord was still required to give you the full 12 months.

In fact, you don't have to sign anything. If there's a dispute RERA will allow the contract to automatically renew on the same terms and conditions.

Still, I'd pay a quick visit to RERA just to verify all this and your rights before you go back to the landlord. It's useful to be able to tell the agent that you already spoke to RERA and they confirm then 12 months' notice period.

My tenancy contract was due to expire in January 2014. A couple of weeks before the expiration date, the agent (on behalf of the LL) called me and told me that the LL wishes to sell the apartment. He said to me that the LL is being reasonable and offering me to stay for a few weeks or months, until I find a new apartment. He then told me to send him an email, stating until when I would like to occupy the apartment. Not knowing about the 12 month eviction notice if the landlord wants to sell the apartment (my bad for not doing any research), I sent him an email stating that I would like to stay in the apartment until the end of April (1 more rent cheque - my contract was by 4 cheques). Basically that I will vacate end of April.

I later found out that I should have been given 12 months notice. I called the agent back, and after telling him this, and why he didn't inform me of the 12 months notice, he told me that he never told me I have to move out, and acted as if the previous phone call never existed. When I stated that I would go to RERA, he started laughing and said "with what proof?....I have an email from you stating that you will vacate the apartment in April 2014".

What I need to know is, is the email I sent him a formal document for giving my notice to move out?

And since my contract expired in January 2014, is it legal to give the tenant only a 3 month contract?

I have received 3 emails from him asking me to go to his office to sign the contract for 3 months. I haven't responded to the emails and have not signed a 3 month contract yet.

I would like to stay in this apartment, and hope there is anyone who can give some sound advice.

Is there anything I can do?
 
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