I have sold my flat in Thane to a buyer [agreement registered, full amount paid, but possession and keys not yet handed over]. I had rented the flat through a broker to a tenant for a 11 month period (1.2.17 to 31.12.17) after jointly signing a leave and licence agreement [agreement was not registered]. The tenant was informed verbally in October that flat is being sold and contract will not be renewed. The agreement period is over but the tenant is not vacating the flat, giving lame excuses such as `give me 15 more days to move out etc.' What should I do to evict the tenant and hand over the flat to the buyer?
1) issue legal notice to licencee to vacate the premises as period of leave and licence has expired
2) if he refuses purchaser should file eviction suit against the tenant
3) hand over keys of flat to purchaser
4) purchaser was aware that flat was given on leave and licence at time of entering into sale deed
Respected sir...
Issue a legal notice to the tenant demanding to vacate the apartment. Since the agreement is written so you can take legal action and enforce any term in a court of law. Because you can evict your tenant only under a due process of law. So issue a notice to tenant to vacate. A 15 days notice is sufficient....
Thanku
Send him the eviction notice to vacate the said flat and give peaceful possession of the same. If he still doesn't vacate you need to file eviction suit in court.
Dear Sir,
1. Get issue a legal notice under the provisions of Transfer of Property Act and cancel the rent agreement and ask the tenant to hand over the premises to you, failing which you have an option to file a suit for eviction.
By the transferring the property the validity of the lease deed expires.
The tenant can only occupy the flat if the new owner want to let it out to him.
Simply file eviction suit and he will be evicted.
First send a legal notice to evict the premises within 10 days as the lease period is over and the premises has been sold to other person.
Upon the receipt if the tenant not vacate the premises during the notice period file a case for eviction of tenant before the Honourable Civil Court.
Move for specific performance of the leave and license agreement. Since it’s not registered Police won’t help you much.
The occupation of the tenant on this flat as on date is illegal, the tenancy Agreement having already been expired and not being renewed thereafter.
Send an eviction notice to the tenant.
hi, it is advisable to first persuade him to vacate through social and local police pressure as going legally may take time..if he still refuses to vacate , you can file a civil suit for eviction in court
File a trespass complaint against him.
As there is no valid agreement, he is an unlawful resident and a trespasser in the eyes of law.
Also, file an extortion case that he is sitting inside your house and putting you and your family in fear of death.
Let the new buyer handle it and he will have to do the necessary legal procedure for eviction
Since you are not the landlord anymore you have no locus to evict the tenant. It is for the new buyer alone to initiate the legal process to evict the tenant, to which end he can file a suit for eviction in the court.
You cannot forcibly evict the tenant, you have to follow the due process of law for getting him vacated.
You somehow have to compromise with him to some extent if you have to deliver vacant possession to the buyer.
The eviction through court may take years to get him vacated.
Hello,
Send a legal notice for eviction
Contact the local police station who can call him and put some pressure on him to leave
If he still refuses to leave then an eviction suit will have to be filed,
Regard
Hi, you need to give the notice to that tenant and if not vacated by him then also, file the police complaint for unauthorised occupation.
