Tenant not ready to vacate the shop
Hi, My tenant is not ready to vacate the shop (Located at Nalasopara East). it has been 1 month over the rent agreement due date. Tenant has political connections and has been threatening us. The contract rent agreement was untill April 30, 2015 and post that he promised to purchase the shop for 12,00,000 in Cash within 10 Days, it has been almost over 1.5 month now and he has not paid the amount. Whenever we call him regarding the money, he says paying in 5-10 mins, funds are coming, many others ways he is fooling us. We can not use force as it would be illegal. the property is Load bearing and we dont have Tax receipts, light Meters etc on our name. We just have an agreement with Builder wherein he has mentioned us a owner of the property.
Need urgent assistance in this regards.
Asked in Property Law from Kalyan, Maharashtra
The builder had taken my original shop for redevelopment and built a load bearing 3 floored building, due to which we dont have the registrations and Tax receipts on our name, can we visit some govt authority to get the permission and get these documents created on our name. Shop is at ground floor.
Asked 2 years ago
1) if tenant has failed to vacate the shop on expiry of rent agreement issue him legal notice for eviction .
2) file suit for eviction before competent authority
3) you cannot use force to evict tenant . you have to follow due process of law
You can file a suit for eviction. If you have original papers with you which u submitted to the builder, u can tag those papers and show the bana fide agreement for building the property. The tax receipts etc can be taken from the builder. The registration has never been on ur name?
If u have agreed in the agreement that the tenant will buy the property then u can also file a case for enforcement of the terms of agreement.
1. You should at first issue him a lawyer's notice through your lawyer to vacate the shop as the rent agreement has expired and you have not renewed it.
2. If even after the notice from your lawyer he refuses to vacate you may go to court and file a case for his eviction. His political connections with the highest echelons of power will not get him any preferential treatment in the court.
1. Mere agreement does not make you the owner of the property. There has to be a sale deed in your favour and you should have the property mutated.
2. If you have the shop registered in your favour you are the indisputable owner thereof even if tax receipts are not in your possession.
3. The tax receipts will be issued by the corporation once you pay the property tax.
If the shop was taken for redevelopment, the same should have been on an agreement. That agreement copy willl be sufficient to establish your title to the property. If the rental agreement between you and the tenant has expired, you may issue a notice to the tenant to vacate,failing which you may file an eviction suit against him on the basis of the rental agreement itself, that will make evince you to be the valid owner.
Take the help of a prudent lawyer n the local to help you to get out of the crisis.
1. You should send him a legal notice to vacate the shop since the agreement period is over claiming that the said shop is required by you to earn your livelihood,
2. Try to get the tax receipts and electricity connection in your name.
1. The buider should have given you allotment letter and/or possession letter in connection with the said shop,
2. You should apply for mutation of the property in your name with the help of the development agreement and allotment/possession letter,
3. After receiving the mutation certificate, you can apply for electricity connection and tax bills in your name.