What is the step by step procedure for getting a flat in Delhi vacated after expiry of 11-month Rent Agreement (unregistered, but notarized) for which a month's notice is given in advance, in case the tenant refuses to do so? Thanks for your help!
Asked 2 years ago in Property Law from New Delhi, Delhi
1) if the tenant refuses to vacate issue legal notice to tenant to vacate premises on expiry of leave and licence agreement
2) file suit for eviction of the licencee
Hi, first issue a legal notice and thereafter file a suit for eviction in the jurisdictional court for ejectment.
2. For agreement for 11 months it is not necessary that it has to be registered.
1. Issue a lawyer's notice to the tenant asking him to vacate.
2. If he does not vacate after notice from your lawyer you can file a lawsuit for his eviction and also claim compensation for overstaying beyond the duration of the rent agreement.
1. You have to send a notice of eviction first.
2. Thereafter you have to file a civil suit for eviction.
3. In the eviction suit you have to go through all the procedures.
The tenant cannot refuse to vacate beyond the agreed term, if he is not vacating despite advance notice a suit may be filed against for evicting him through due process of law.
Can I send legal notice through a lawyer in Navi Mumbai (since I'm staying here), or it has to be through someone in Delhi (where my flat is)?
Asked 2 years ago
1) you can send it through lawyer in navi mumbai but it is better you send through lawyer in Delhi who will ultimately fight your case in court in Delhi
You can issue a lawyer's notice to him through any lawyer anywhere in the country.
You can send a legal notice from wherever place you ar residing, it is not mandatory to send a legal notice from the place where the property situates. Filing case subsequently need to be done from Delhi alone where the jurisdiction falls.