• Tenant not vacating, Agreement expired on September 2016

Hi,

I had given my flat on rent, the agreement has expired on 30 september 2016.

The tenant had promised to vacate on 11th October 2016. 

He is in jail for some fraud, and his wife is not vacating the house.

I gave 2 months extension to stay on good faith basis, and she agreed to vacate on 30 November 2016.

But she has no intentions to vacate and is buying time. Her husband is still in jail.

Kindly suggest.

Regards
Vinay Madavi
8097096660
Asked 3 months ago in Property Law from Mumbai, Maharashtra
Religion: Hindu
1) issue legal notice to tenant to vacate your premises on expiry of agreement 

2) if he refuses file suit for eviction of trespasser before the competent authority 
Ajay Sethi
Advocate, Mumbai
26090 Answers
1419 Consultations
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You have to issue a legal notice instructing her to vacate the premises since she is an unauthorised occupant and it was her husband who was the tenant.

If she fails to respond or comply then you may initiate legal process to evict her through court of law by filing an eviction petition/suit.
T Kalaiselvan
Advocate, Vellore
16443 Answers
153 Consultations
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1. The expiry of the tenancy agreement does not make the stay of the tenant illegal.
2.however that does not mean that you do not have remedy.
3.To get vacant possession of your proeprty you can file suit for eviction on the ground of expiry of tenancy.
4. Before filing such suit for eviction you have to send the tenant notice of eviction.
Devajyoti Barman
Advocate, Kolkata
6461 Answers
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You have to file a petition for eviction of the tenant in the court in which apart from eviction you can also claim mesne profits for the use of premises despite the expiry of the rent agreement. This is the only remedy under legal framework.
Ashish Davessar
Advocate, Jaipur
19133 Answers
484 Consultations
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