• Need to vacate the house

Hi, I have given my 3 bedroom flat on rent after getting the court lease done and also police verification within 15 days I Feel that the tenant is not good and he might have some wrong intentions.  Should i need to worry after Court Lease is there and what is the possibility if i want the tenant to vacate the house immediately. 

Suggestions will be much appreciated.
Asked 2 years ago in Property Law from Delhi, Delhi
Religion: Hindu
1) what are clauses in your lease deed? 

2) is there a lock in period ?

4) you can terminate lease as per the provisions in contract after giving notice as provided in contract  
Ajay Sethi
Advocate, Mumbai
26039 Answers
1415 Consultations
5.0 on 5.0
Hi, you have to evict the tenant as per the lease agreement suppose in the  lease agreement there was a clause that both the parties will give two months prior notice to vacate the house then you have to give two months notice as stated in the lease deed.

2. There after you have to file a suit for ejectment.

3. First you have to go through the leas deed and proceed further.
Pradeep Bharathipura
Advocate, Bangalore
4184 Answers
149 Consultations
4.3 on 5.0
1. What is a 'court lease'? I have heard this term for the first time, so please throw light thereon.

2. What is the duration of the lease agreement?

3. You cannot evict the tenant before the expiry of the term of the lease except with his consent. 

4. Your query is also silent on how the intentions of your tenant are wrong. 

Ashish Davessar
Advocate, Jaipur
19108 Answers
484 Consultations
5.0 on 5.0
1) if your lease deed is registered then your interests are protected in case lessee refuses to vacate or commits breach of terms of the lease 

2) as on date lessee has not committed any breach nor defaulted in payment of rent 

3) wait for lease period to expire then ask him to vacate the premises 
Ajay Sethi
Advocate, Mumbai
26039 Answers
1415 Consultations
5.0 on 5.0
1. Lease deeds are not registered by the court. 

2. You cannot evict the lessee before the expiry of 11 months except if he has violated any of the clauses enumerated in the lease deed. 

3. The lease cannot be terminated at the throw of a hat. You are required to issue a lawyer's notice to the lessee asking him to vacate. If he does not vacate after notice from your lawyer then the only legal recourse which may be adopted is to file a petition for his eviction in the court.
Ashish Davessar
Advocate, Jaipur
19108 Answers
484 Consultations
5.0 on 5.0
1. You can not act legally based on asumptions,

2. However, the clauses mentioned in the said lease deed secifying the terms and conditions are required to be pesused to further advis properly,

3. If the leasee did not comply with any of the terms or if there is a clause by which yoy can give him notice to vacate your premise before the ease period is over, then you can take the steps to get your said premise vacated.
Krishna Kishore Ganguly
Advocate, Kolkata
13167 Answers
280 Consultations
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1. Lease & License  Deed  for 11 months is not required to be registered,

2. Any such Deed for the prriod of  year above is required to be registered to be valid,

3.You shall have to tak a decision to take steps to vacate him if there is any clause of such termination of contract before the expiry of the lease period,

4. Othrwise you shall have to wait for completion of the lease period.
Krishna Kishore Ganguly
Advocate, Kolkata
13167 Answers
280 Consultations
5.0 on 5.0

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