• Property eviction

Hi,
My parents went out for a leave and liscencen agreement with the tenat on feb 2013. However they did some mistake while doing the agreement.
1. No witness signature present in the agreement.
2. Signature of landlord and tenant interchanged.No dates mentioned either.
3. No notary has been done of the agreement.
4. Rent bills signed by my fater but the agreement is on the name of my mother and tenant.
After expiry of the agreement on october 2014 my parents have asked to vacant the apartment but the tenant denied neither they are interested doing any compromise. Now they are asking to renew the agreement with different person's name of their family and without gurantee that they will evacuate the apartment after expiry of the new agreement.

Considering so many loop holes in our expired agreement we are not very sure what we should do to evacuate the apartment. The tenat is not interested to talk to us either. So seeking your advice what should we do? Is going to the court can resolve this issue?
Asked 2 years ago in Civil Law from Kolkata, West Bengal
1. You should have got the leave and license agreement drafted by a lawyer. If the leave and license agreement is not properly executed the protection of rent control laws is not available. 

2. What does the agreement say with respect to the renewal thereof?

3. If the agreement was executed between your mother and the tenant then your mother alone should have signed the rent bills/receipts. It may be difficult for you to explain in the court that this man is your tenant. Be that as it may, the only legal remedy available to you is to file a suit for the eviction of your tenant in the court.

4. Show the agreement to a lawyer and see if anything can be worked in your favour.
Ashish Davessar
Advocate, Jaipur
18167 Answers
449 Consultations
5.0 on 5.0
Hi, after the exipiry of agreement it is the duty of the tenant to enter into fresh agreement if he failed to do so you just send a legal notice and  ask him to vacate the premisis after that file a suit for eviction.
2. In your case there may be a loop pool in the agreement but he cannot denied your ownership. You better contact local advocate for filling suit.
Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
4.3 on 5.0
Hi, it is better you must evict him from the the property so there shall not be a problem tomorrow.
Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
4.3 on 5.0
1. The tenant can be removed only with the authority of law i.e with a court order. He can also go the court against you to preempt being illegally removed from the premises.

2. Do not renew the agreement at this stage. 

3. The rent receipts have been signed by the tenant. If he now stops paying the rent you can file a case for his eviction in the court. However, the obstacle is that the leave and license agreement has been drafted in a very clumsy manner, so it may not be of any help to you.

4. It is advisable to show the agreement to a lawyer and then obtain his advise as to whether it can withstand judicial scrutiny.
Ashish Davessar
Advocate, Jaipur
18167 Answers
449 Consultations
5.0 on 5.0
1) since your rent agreement has many loopholes better renew the agreement 

2) get agreement duly stamped and regsitered 

3) get the leave and licence agreement drafted by local lawyer to protect your interests .

4) dont file any suit for eviction now
Ajay Sethi
Advocate, Mumbai
23308 Answers
1220 Consultations
5.0 on 5.0
1) you can  enter into  agreement in name of daughter . 

2) in the agreement mention daughter address for service of notice . 

3) you can in event of default serve notice at address mentioned in agreement 

4) as advised earlier better some money on legal fees get agreement drafted by lawyer duly stamped and registered
Ajay Sethi
Advocate, Mumbai
23308 Answers
1220 Consultations
5.0 on 5.0
1. When there are so many loop holes in the said agreement, it is difficult to proceed with them lagally based on the said agreement,

2. It is better to get a fresh agreement duly drafted by a lawyer after the expiry of the earlier agreement.
Krishna Kishore Ganguly
Advocate, Kolkata
12123 Answers
232 Consultations
5.0 on 5.0
1. Execute a fresh leave and license agreement for 11 months with his daughter,

2. issue rent receipt properly,

3. It will be easier for you to evict his daughter after 11 months based on properly drafted agreement.
Krishna Kishore Ganguly
Advocate, Kolkata
12123 Answers
232 Consultations
5.0 on 5.0
Do you need to evict the tenant? Or not
If you need an eviction of the tenant, this is the best time for evict the tenant. Do not renew the agreement at this stage.  You can evict a tenant only legally with the comply of provisions of Rent Control Act.


Consult a lawyer.
Ajay N S
Advocate, Ernakulam
1916 Answers
19 Consultations
5.0 on 5.0
1. If the daughter is unavailable to take the court notice the court will order publishing of the notice in newspaper. The court would proceed ex parte if she does not appear to contest your case even after the newspaper publication of the court notice.

2. Default in payment of rent is a ground on which the tenant can be evicted. So you can go to court if there is a default.

3. It is not possible to predict the timeline of any case, more so a case which has not yet been instituted. The courts have a humongous pendency case of cases, so disposal takes time. It shall not take less than 1.5 years by the most conservative standards.

4. There can be 2 tenants. If daughter is the tenant in the renewed agreement she has to take notice of the summons. The renewed agreement will supersede the existing agreement.

5. Get the agreement drafted by a lawyer this time.
Ashish Davessar
Advocate, Jaipur
18167 Answers
449 Consultations
5.0 on 5.0
1) you can send notice at address mentioned in agreement for service of notice . if it is returned with endorsement unclaimed it is proper service . 

2) you can terminate agreement if the licencee fails to pay rent on time as per clauses in agreement 

3) disposal of cases would depend upon pendency of court cases in courts in your city 

4) leave and licence agreement can be made in favour of father and daughter 

5)consult a local lawyer before execution of agreement . dont go in for ready made formats
Ajay Sethi
Advocate, Mumbai
23308 Answers
1220 Consultations
5.0 on 5.0
After 11 month
1.	If the tenant not paid rent, sue him for arrears of rent.
2.	If the tenant is not vacating the house, sue him for eviction.
3.	If the tenant is not accepted the court notice, then choose alternative method of publish the notice in Daily news paper.
4.	Any time you can file suit for rent arrears.
5.	The time consumed for resolving whole thing in court is depends on pendency of case present in the court. 
Suggestion:
•	Draft an agreement with a lawyer.
•	consult a local lawyer before execution of agreement
Ajay N S
Advocate, Ernakulam
1916 Answers
19 Consultations
5.0 on 5.0
1. If after 11months if plan for Law suit in case they are not evacuating the house and daughter is unavailable to take the court notice multiple times in the alternative address as well then what could happen? Note here is : the daughter is a singer and mostly stay out of the station.
Opinion: after 11 months of the agreements, if they are not ready to evict the premises then file a civil suit for eviction based on the terms and conditions of the agreement. if she is not accept the court summons then the court have power to pass an ex-party orders against them and in your favour.

2. If they don't pay the rent after agreement can I go for law suit immediately if that is mentioned in the agreement?
Opinion: If they are not making the payment continuously three months then you may file the eviction suit immediately. 

3. In case agreement is registered and all rent bills are signed properly and we file a law suit then how much time approximately it could get to resolve the whole thing. Please give  me some rough idea considering that they made the petition at court.
Opinion: It may be more then one year, but you may claim your rent amount of that period from them with the interest.

4. Can I include both daughter and tenant;s name in the agrrment. What is other alternative if I would like to made tenat liable in case of daughter's absence?

Opinion: Yes you may do that, mentioned in the terms and conditions of the agreement.
Nadeem Qureshi
Advocate, New Delhi
3537 Answers
130 Consultations
4.9 on 5.0
1. You have been advised to enter in to a fresh leave and license agreement correctly since your present agreement will not ge you any where. Once fresh agreement is entered into you can upgrade yousrself as a bonafide claimant for specific performance as per the agreement.  11 months has been suggested since as per W.B. Premises Tenancy Act, leave & license agreement for 11 months is not required to be registered. You can verify this aspect locally. Once notice is issued to her last known address or the address specified in your agreement, it will be treated as a valid service even if it is returned,

2. Yes,

3. It depends on the load on the Court. Hopwever, it will certainly be much quicker to be disposed of in comparison to cases related to tenancy agreement,

4. There is no such need to make both daughters as parties. You can lease your premises to one daughter and allow her to stay with her family.
Krishna Kishore Ganguly
Advocate, Kolkata
12123 Answers
232 Consultations
5.0 on 5.0
there is many loop holes in the agreement so it can not be proved in the court for the support of L&L deed but it has sufficient force to prove that there is an agreement between the land lord and tenant. land lord has given his assent to live in the horse on certain conditions and tenant has no other right than L&L agreement. L&L is valid for 11 months only. it can be renewed by the land lord either by expressed or implied consent. in your case it has been renewed by implied consent. tenant has no adverse possession or no right to take possession of the house except L&L deed. you should file civil suit for eviction. there is no presumption in the law that a tenant on insufficient deed has right to live on his desire and live there against the consent of land lord. although your deed is insufficient according to the legal requirement but it has some weight and it can support you along with some other facts so file civil suit.
Shivendra Pratap Singh
Advocate, Lucknow
2760 Answers
41 Consultations
4.9 on 5.0

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