• Tenant not vacating

Hi,
We have a tenant who has been living in our property. Unfortunately the rental agreement was not renewed for many years. Now there was a mutual discussion and request to ask them to move. This communication has been done many months ago but the tenant is not moving, also has not been paying bills. Please advise how to issue a legal notice considering that we do not have a new rental agreement. We would not want to make one either since we are asking the tenant to vacate.
Asked 3 years ago in Property Law
Religion: Hindu

2 answers received in 10 minutes.

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13 Answers

In case of no registered lease deed, lease is subject to termination by giving 15 days eviction notice. If not vacated, file eviction suit.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

Hi,

In case of stay without rent agreement, the stay in your property may be termed as unauthorised occupation and you may file Police complaint for it. It will be better option to get property vacated.

Ganesh Singh
Advocate, New Delhi
6646 Answers
16 Consultations

4.5 on 5.0

You can contact local lawyer to issue legal notice to tenant to vacate the premises 

 

if if he fails file eviction suit against tenant also claim areas of rent 

Ajay Sethi
Advocate, Mumbai
89856 Answers
6519 Consultations

5.0 on 5.0

You need to send him eviction notice and file eviction suit

Prashant Nayak
Advocate, Mumbai
28583 Answers
101 Consultations

4.4 on 5.0

Looks like you have done everything from your side to vacate him from schedule property but still he reluctant to leave. I advise you to send legal notice from advocate but still if he do not vacate then you must file a suit for eviction and claim losses and compensation. 

Jamal Sait
Advocate, Bangalore
168 Answers
2 Consultations

4.9 on 5.0

  1. You have to file a Rent and eviction suit against the tenant. 
  2. It's not mandatory for you to first serve a legal notice upon the Tennant. However, you may choose to serve it, hopping it has the desired effect and you get saved of the trouble of filing the suit in court. 
  3. I'm prepared to file the suit as your advice, and; if you desire, to first serve the legal notice upon them. 
  4. So . 

Netra Mohanchandra Pant
Advocate, Navi Mumbai
1447 Answers
5 Consultations

4.4 on 5.0

Hello, 

If there is no rent agreement then the same will be considered to be a month to month tenancy. 

Send him a legal notice for eviction and if he does not evict the property after that also then file a suit for eviction in the court of law. 

Let me know if you need an advocate for the same in Bangalore. 

 

Regards 

Anilesh Tewari
Advocate, New Delhi
17968 Answers
377 Consultations

5.0 on 5.0

See issue a legal notice stating oral agreement of tenancy , engage a lawyer to draft the notice and send same asking tenant to vacate in case the tenant on notice fails to vacate the premises file a suit for same. 

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Dear Sir,

Nothing to bother. The primary tenancy in writing was orally renewed as such now they are on oral tenancy, it is recognized by Courts.

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TENANCY ORAL RECOGNISED BY THE SC

 

Thus, for five years the tenant shall enjoy immunity from being evicted from the premises," the court said. The court realized that in most landlord-tenant disputes, there were no written contracts and the tenants took advantage of the situation because of the slow process of rent control laws and the judicial process involved in eviction.

https://timesofindia.indiatimes.com/india/Supreme-Courts-model-rent-agreement-assures-tenant-5-yrs-stay/articleshow/8328837.cms

Kishan Dutt Kalaskar
Advocate, Bangalore
6085 Answers
409 Consultations

4.8 on 5.0

If the tenant refuses to vacate after the expiry of the lease then you may move to court and obtain an order of eviction against him. Non-payment of rent is also a ground on which the lease can be brought to a premature end by the landlord by moving to court and filing a case for eviction. 

Mohammed Mujeeb
Advocate, Hyderabad
19037 Answers
32 Consultations

4.5 on 5.0

Dear sir. 

You just have to send a written notice to your tenants that due to non payment of rent and bills you are violating the terms and conditions which was fixed between you and tenant due to which you are serving a notice of one month to vacate the premises with all your belongings and pay the balance amount also. 

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

1. There is no need to serve a notice to him.

2. You can directly file a petition for eviction of tenant before the Rent Controller on the ground that you require the premises for your bona fide personal use and default in rent.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

You can straightaway issue a legal notice to vacate the premises immediately for the reasons you rely upon. You can issue the legal notice through an advocate also 

You may discuss with an advocate in the local and proceed. 

T Kalaiselvan
Advocate, Vellore
80019 Answers
1676 Consultations

5.0 on 5.0

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