• Tenant not signed leave and licence agreement not staying there

Some 3 months back we have decided to rent out our apartment on live and licence agreement.The person has transferred one month advance rent via net banking.Two months rent as security deposit was paid by cash.No receipt of acknowledgement was issued to them.The tenants are not staying in the apartment and had not signed the agreement and not paying the rent also 2 months.On contacting with them over phn they are commiting some date i.e 
They will pay with in 5 days but they are not paying as their commitment.Now they have committed by 10th of oct 2017 they will pay two months rent.But we can not trust them .What legal steps to be followed for evacuation.
Asked 8 years ago in Property Law
Religion: Hindu

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16 Answers

1) you can terminate leave and licence agreement by giving one month notice as per termination clause in your agreement

2) if licencee refuses to vabcate file eviction suit

Ajay Sethi
Advocate, Mumbai
99779 Answers
8145 Consultations

As long as they have valid leave and licence agreement they can occupy the premises

2) licencee cannot claim tenancy rights in the premises

Ajay Sethi
Advocate, Mumbai
99779 Answers
8145 Consultations

In this situation you should send him a notice for cancellation of rent agreement on ground of rent due for 2 months and tenant also has not been residing in the rented flat. This notice is mandatory to initiate legal proceeding by filing of civil suit for his eviction.

Shivendra Pratap Singh
Advocate, Lucknow
5127 Answers
78 Consultations

There occupation at first place itself is illegal because they have not signed the leave and license agreement. As on date, at best it could be said that they are encroachers who have trespassed over your house.

Report the matter to the Police and get the evicted with the aide of Police.

Vibhanshu Srivastava
Advocate, Lucknow
9763 Answers
323 Consultations

1. They seem to be habitual defaulter and don't trust them anymore.

2. So you should now take measures to recover this property which is possible by way of filing suit for eviction .

3. It would be on the ground of reasonable requirement and default of payment of rent.

4. To file this suit you need to first send him notice of eviction.

Feel free to contact for further help.

Devajyoti Barman
Advocate, Kolkata
23653 Answers
537 Consultations

1. Have they taken possession of the licensed premises of yours?

2. If not then their license period is already over after 3 months.

3. You can either renew the license to them or can give your premises on license to some other person.

Krishna Kishore Ganguly
Advocate, Kolkata
27703 Answers
726 Consultations

1. There is no rent agreement with them and they have not yet taken possession of your premises.

2. It is leave and license agreement only by which you have permitted them to stay at your place for 3 months and not after that.

3. Since the license is already over, do not allow them to enter in to your premises unless you decide to renew the agreement any further.

4. If you feel that they might forcibly enter in to your premises, then lodge a police complaint before hand to police alleging that the licensee is threatening you that he will forcibly enter in to your premises even after his license period is over.

Krishna Kishore Ganguly
Advocate, Kolkata
27703 Answers
726 Consultations

you can terminate the leave and license agreement by means of a notice of one month and after that also if the tenant fails to vacate the premises, you can file an eviction suit.

Regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

1) you cannot change the lock of your apartment

2) better get eviction notice drafted by a lawyer

Ajay Sethi
Advocate, Mumbai
99779 Answers
8145 Consultations

Yes, you could put your locks to prevent them entering upon your property. In any case, as long as they haven't signed the agreement and paid the consideration to you in terms of the said Agreement, their entry upon your property would be illegal.

You could take measures to restrain their entry.

Vibhanshu Srivastava
Advocate, Lucknow
9763 Answers
323 Consultations

1. You have now made the matter clear. They had already taken possession of the licensed property for which you can not evict them or restrict their entry in to the licensed property with out due process of law.

2. Your putting a lock in the door of the premises which has been taken on leave and license will be considered as an offence.

3. You should send them a legal notice asking them to vacate your premises since the license period is already over and they have no more license to occupy and stay at the said premises.

Krishna Kishore Ganguly
Advocate, Kolkata
27703 Answers
726 Consultations

Without order of court of law you can't take physical possession of the property.

Devajyoti Barman
Advocate, Kolkata
23653 Answers
537 Consultations

First of all you should prefer a notice to the tenant thereafter intimate the court and lock the door after obtaining interlocutory order of the court. Without giving notice to the tenant you cannot lock the door because this is still in his possession.

Shivendra Pratap Singh
Advocate, Lucknow
5127 Answers
78 Consultations

They will pay with in 5 days but they are not paying as their commitment.Now they have committed by 10th of oct 2017 they will pay two months rent.But we can not trust them .What legal steps to be followed for evacuation.

You may wait for the deadline date of 10th Oct as per their promise, if they dont turn up even on the dead line date, you my issue a legal notice instructing them to vacate the premises and to pay the arrears of rent till the date of vacating the premises.

T Kalaiselvan
Advocate, Vellore
89978 Answers
2492 Consultations

Can they occupy our property forcefully.Can they deposit money in rent control.We are very much disturbed regarding the issue.

Since there is no agreement entered between you both yet, they may not be able to prove their tenancy hence they will be unable to claim tenancy rights.

You can strongly object their move in the court when they try to file a petition for depositing the rent in the court.

T Kalaiselvan
Advocate, Vellore
89978 Answers
2492 Consultations

They are not staying there but has shifted some furnitures.Can we put an extra lock by ourselves so that they have to come to us or phone us when they will try to enter the apartment ?Will that be an

offence or illegal?Can we put eviction notice by ourselves?

You cannot put your own lock as extra lock, this may be considered as an illegal step.

You can issue a legal eviction notice and can paste a copy on the door of the house if they are not available to receive the notice sent by registered post to their address.

T Kalaiselvan
Advocate, Vellore
89978 Answers
2492 Consultations

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