• Tenant not vacating after end of Leave and license agreement

Hi, my leave and license agreement with the tenant expires on 30th of June 2018. however last month the tenant has not paid rent and requested us to adjust rent againt security deposit of 1 month. doing so they have given give us a written "possession declaration" that on 8th June they would vacate the premises. however over the last 10 days the tenants are not receiving phone calls neither are they vacating premises. What can I do in this case
Asked 6 years ago in Property Law
Religion: Hindu

3 answers received in 10 minutes.

Lawyers are available now to answer your questions.

10 Answers

This is my response to you:

1. Since the agreement expires on 30th june, you will have to wait till that date;

2. If they have not paid rent, then you can send him a legal notice demanding the payment of the rent due by him;

3. If he still does not pay then, as per reading of section 5 sub section (7) of the West Bengal Premises Tenancy Act, 1997 the tenant has not performed his duties;

4. If he does not then you can file complaint to the controller;

5. You can check for other remedies if the tenant does not vacate your premises on 30th june on this link: http://www.hooghly.gov.in/dllro/pdf/W.B%20PREMISES%20TENANCY%20ACT,1997.pdf

Gowaal Padavi
Advocate, Mumbai
1920 Answers
5 Consultations

5.0 on 5.0

1) issue legal notice to licencee to vacate premises as period of leave and licence has been completed

2) file suit for eviction

3) claim penal rent as per your agreement

Ajay Sethi
Advocate, Mumbai
94809 Answers
7556 Consultations

5.0 on 5.0

Firstly, everything is going in your way as per law except that the tenant is not responding to your calls or anything.

Secondly, many people at this time think of breaking the lock and put the stuff outside, but I advice you to not to do anything like that as there are possibility that tenant may file criminal cases against you for theft etc.

Thirdly, in fact I advice you to go before the competent authority meaning here by is that to the civil court, and file suit for declaration and possession of the premises.

Sanjay Baniwal
Advocate, South Delhi
5474 Answers
13 Consultations

5.0 on 5.0

Dear Client,

Send him notice to vacate the premises for default in rent payment and demand of due rent.

It`s leave and license agreement, you can go and check the premises.

Right to stay in premises exits till 30th at least to him.

Yogendra Singh Rajawat
Advocate, Jaipur
22659 Answers
31 Consultations

4.4 on 5.0

1) You should direct visit at the flat place and get physically possession in your hands and tell him that you want to live in the flat from that day on wards please vacate flat and remove the all items from home as soon as possible.

2) Tell him that you want to live in the family in the flat.

Ganesh Kadam
Advocate, Pune
12932 Answers
255 Consultations

4.9 on 5.0

1. It is fair on the part of the tenant to not to pay the rent for the last month of the tenancy and seek it to be adjusted towards the refundable security deposit.

2. If they do not vacate even after the fixed date then you will have to proceed under Rent Control Act by filing a petition for his eviction.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

You can issue the tenants with a legal notice for vacating the premises as they have already handed over possession declaration and now they are illegally residing.

Further if the tenant does not leave the possession you have to file a suit of eviction and have to claim the rent arrears from the tenant,

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

1. Well in that event you will have to send them eviction notice as a tenant if refuses to vacate is to be evicted through due process of law.

2 So in that event you will have to send the tenant first the eviction notice and then file the eviction suit.

3. Do note that his status is tenant and not licensee and making a lease and license agreement does not change his status as statutory tenant and hence can be evicted only as per provisions of WBPT Act if the rent is below rs.6500/- or as per TP Act if rent is above it.

Devajyoti Barman
Advocate, Kolkata
22840 Answers
490 Consultations

5.0 on 5.0

Send them a legal notice to evict the house as the tendency period has expired.

Ruchit Dugar
Advocate, New Delhi
190 Answers

4.9 on 5.0

Since the license expires on 30.06.18, you may wait until then and then plan legal action by first issuing a legal notice instructing them to vacate the premises and deliver vacant possession.

T Kalaiselvan
Advocate, Vellore
85010 Answers
2208 Consultations

5.0 on 5.0

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer