1. We rented part of our commercial property to a tenant for 3 years. 2. The agreement was not on a stamp paper and not registered. We have a photo copy of agreement, he has original. 3. The tenant made unauthorized breakage to the property. There was a clause in the agreement that the tenant could make changes to property only with permission from landlord. 4. We asked the tenant to stop his work and repair unauthorized damages. The tenant is now lying that we gave him the go ahead to make changes. He is threatening to pay off witnesses in court to prove his point. 5. He is now simply sitting on the property without paying rent for 3.5 months (1 month of which was rent free). He says we asked him to stop work so he will not pay any rent. He is saying he has lost 30 lakhs in the deal and we should compensate him for his losses if we want him to leave. Is there a way to evict him?
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issue legal notice to tenant to vacate the premises for non payment of rent and for carrying out unauthorised alterations
2) if her refuses to vacate file suit for eviction against him
3) your problem is your agreement is not stamped and it would be inadmissible in evidence
If the agreement is not stamped, doesn't that count against him in any way, since he is not actually a tenant legally?
See serve him a legal notice for eviction and paying for the damages and unauthorised alteration made in case on notice if he fails then file a suit for recovery of rent and damages along the possession of the property.
it is necessary to stamp agreement
Dear Client,
Agreements on normal papers (and not stamp paper) are valid in evidence and are enforceable as against the parties who have signed the same. Issue legal notice by giving 15 days to vacate the propriety for materiel altercation and default in rent payment.
NO value outside witnesses neither you are responsible for damages. .
1. It is a clear breach of the rent agreement which gives right to you to evict him on this ground.
2. In addition to that default in payment of rent is another ground for eviction.
3. SP send them an eviction notice and file a suit for eviction which alone can resolve the dispute and get back the property in your name.
You can send him eviction notice and file eviction suit in court.
If the tenant in default of rent a notice to quit can be given after termination of his tenancy you can file a suit fof recovery of rent and his ejectment in Judge Small causes court if the shop governed by your state rent control act then suit can be filed under the act consult with rent control expert lawyer of your city.
Any rental agreement unregistered is valid only for 3 years, and it is a valid document to initiate any legal action against the tenant,and registration is optional.
1. Send a legal notice to him for vacation from the property under the provisions of the transfer of property act .
If he does not vacate the property thereafter then you will have to file a suit for eviction in the appropriate court and asked the court to pass an order of navigation .
For how much duration was the agreement signed ?
In case the said agreement is considered to be invalid then also he will be considered as a tenant on month-to-month basis as per the act .
Non-validity of the agreement will not make him the title holder of the property and non-validity of the agreement will hamper your case to the extent that the conditions of restructuring the property will not be valid .
However for that also he will have to dispute that the said agreement has not been entered by him .
Get in touch with some advocate and send a notice to him at the earliest
Dear Sir,
Such person can be evicted since because he is your tenant. If there is no legal tenancy then oral tenancy can be pleaded even otherwise you can plead he is in permissive possession or a trespasser. Get issue a legal notice and file a appropriate suit for vacating the premises and you will get the decree in your favour and the only consideration for him that he may get some time to vacate the same.
Dear client
You can file an eviction suit against the tenant for not paying the rent from last 4 months and unauthorized changes done by him without your permission.
Prior to that you should send him a legal notice through the Advocate you are going to hire for filing the suit.
