See since he is not paying increased rent arrears and selling cigarettes and allowing people to.smoke.there you can give a notice of 3 months to vacate the shop as per the agreement if on notice he fails you have to file a suit to recover the rent as per.agreement asking him.to vacate the premises.
My tenant is not leaving the property even after 3 month notice
I Gave shop for rent to a condiments purpose (Selling usual Condiments, Bun, Bread, Cake Biscuit, etc), However, this guy is selling Cigarette, and Gutkas along with tea which was not informed to me before. concern for me is, a huge crowd for smokers gathers around the shop and disturbing other tenants and spoiling the environment, I warned multiple times to don't encourage smokers at the shop, you can sell but not let them smoke on the spot which is causing disturbance across and neighbors are complaining of the same, but he's not listening. Rented this shop in 2017 and made an agreement for the same time, there is one clause which says lock-in period is 8 years, wherein agreement also says tenant can vacate with mutual notification of prior 3 months. I am thinking to ask him to vacate the shop. Could you please guide me is there any legal issues later if I go and ask him to vacate?. last year he denied to increase 5% hike in rent, which is as per the rental agreement. Looking for guidance from experts please
Asked 6 years ago in Property Law
Religion: Hindu
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13 Answers
If the shop is mot being used for the purpose for which it was given then you can definitely serve him with a notice for eviction and thereafter he will have to vacate the same .
send a notice of eviction to him.
regards
If he is not honouring the terms of the agreement then he should be evicted. For that file a suit for eviction and give him a prior notice.
Regards
your tenant is not honoring the agreement, as he is not ready to hike the rent as per agreement and using the shop beyond the scope of agreement. in that event you are very mush entitled to give him notice to vacate the shop. the locking period will be considered as and when both the party will honour the agreement. in case of breach of agreement, condition for lock in period is in non existence. ,
If tenant has failed to pay rental increase as per terms of your agreement issue him termination notice for breach of contract
2) in defence he will raise the plea that there is lock in period of 8 years
3) file suit for eviction if he fails to vacate the premises
You can file a eviction suit against him and proceed. You will get the outstanding rent as well as compensation from the court after his eviction
Issue legal notice for eviction for default on rent increase clause and use of shop of other than agreed in agreement.
Lock in period not binding when either party violates the condition of lease and causing nuisance.
Dear Sir,
You being the landlord having an edge always to claim vacation of premises. Get complaints in writing if possible from your neibhours which are sufficient for you get your premises vacated. Get issue a strong legal notice.
rent agreement violation, property damage and other illegal activity are key grounds for a tenant eviction. issue a legal notice and file eviction suit..
Respected sir..
There is very simple procedure go to police and lodge an complaint against them.. Police will itself vacat the shop.. And produce your advance notice to them along with complaint and in complaint write that they are trying to capture it forcefully.. And also write that they are saying complaint to anyone we will not vacant this as this is ours now... They will be out of shop within minutes...
Thank you
1. You can file a Police FIR, requesting investigation and charge-sheet, for offences like cheating, intimidation, fraud, breach of trust etc.... against the person, supported with all relevant supporting documents.
2. IF the Police does not take action, THEN you can file private criminal case u/s 156(3) Cr.P.C., in the local Magistrates court, seeking directions to the Police to investigate and file charge sheet. The said Person may come down for settlement.
If the tenant is not abiding by the condition s of the lease agreement then you may have a reason to issue a legal notice asking him to vacate since he breached the condition.
If the selling of cigarettes was not mentioned as prohibited item in his shop then you cannot claim anything about it.
The only reason you have is that he is not increasing the rent as per the conditions of the rental agreement.
Dear sir
If you want to your tenant to vacate then serve him notice for 3 months and also serve him legal notice through an Advocate.
If he still fails to vacate your premises file eviction suit against him in court.
