• Tenant not vacating despite notice served

I have a tenant living with is for the past 2 years. The 11 month contract lapsed in Aug and was not renewed. I communicated verbally that she needs to move out (in Aug) then served a written notice (email) in October serving her a 2 month notice. She declined the notice saying the contract was understood to have renewed when I accepted the rent for August. And now she will serve her 11 months period in the house. This was not the case. The challenge is that last year (17-18) we did not have a written contract (the contract was signed in 2016) and we both mutually agreed to continue the arrangement without signing the contract. The first year contract though clearly states that I can serve her a one month notice at anytime and asked her to move out. What is the best recourse here?
Asked 5 years ago in Property Law
Religion: Hindu

4 answers received in 10 minutes.

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13 Answers

Best recourse is to file a suit for eviction

Netra Mohanchandra Pant
Advocate, Navi Mumbai
1545 Answers
5 Consultations

4.4 on 5.0

In absence of any legal binding rent agreement between the parties the status of the tenant nothing but of a legal occupant and she has no right to stay in this property against your wishes.

 

You should file a suit for eviction against her in order to get her out of the property.

Siddharth Jain
Advocate, New Delhi
6303 Answers
102 Consultations

5.0 on 5.0

Hello sir , it is advisable to serve her a legal notice for vacating the premises  within 30 days .. If she fails to comply with notice we can file a civil suit for eviction in court ..

Hemant Chaudhary
Advocate, Gurgaon
4630 Answers
67 Consultations

4.9 on 5.0

since your tenant has failed to vacate the house inspite of written notice file eviction suit against her 

 

2) also claim penal rent for delay in vacating the premises 

Ajay Sethi
Advocate, Mumbai
94523 Answers
7486 Consultations

5.0 on 5.0

Give her legal notice through advocate if she refuses to vacate file a eviction suit before the court.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

You can send a legal notice to the tenant demanding that the tenant vacate the premises. Generally speaking, sending a legal notice will probably make him vacate the premises. However, if he/she still does not vacate, then you can file a case against him/her in the civil court.

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

You can file an eviction suit against her in civil court.she will be evicted. And henceforth don't renew any contract orally. And always get your agreement Registered.

Prashant Nayak
Advocate, Mumbai
31807 Answers
176 Consultations

4.1 on 5.0

Send her a legal notice, explaining the true and correct position and through this legal notice, give her the final window of few days to move out.  

Vibhanshu Srivastava
Advocate, Lucknow
9588 Answers
303 Consultations

5.0 on 5.0

Dear,

        File suit for eviction in court.

        

Tarun Agarwal
Advocate, Jaipur
769 Answers
3 Consultations

4.9 on 5.0

Issue fresh notice of one month and file eviction petition before rent controller if she do not vacate

Navdeep Kalair
Advocate, Chandigarh
45 Answers
11 Consultations

4.8 on 5.0

After service the tenant a legal notice instructing her to vacate the premises, you can approach the rent controller court with an eviction petition against the tenant. 

Since you have already issued a legal notice, there is nothing wrong in accepting the rent till the time she vacates the premises.

 

T Kalaiselvan
Advocate, Vellore
84722 Answers
2172 Consultations

5.0 on 5.0

Hello,

 

as and when the rent agreement expires and you keep on taking the rent the tenancy convers to a month to month tenancy.

send a Notice of eviction through an Advocate.

regards 

Anilesh Tewari
Advocate, New Delhi
18077 Answers
377 Consultations

5.0 on 5.0

You have to get a new contract sign for this year as you have accepted the rent for August and there was no agreement previously existing it will be really difficult you to go to the court in case you need.

And as soon as you get your agreement signed there must be a clause of one month notice after that you give a one month notice and get it otherwise there is no meaning of your notice if there is no rent agreement

Vimlesh Prasad Mishra
Advocate, Lucknow
6852 Answers
23 Consultations

4.9 on 5.0

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