• Rent shop

Sir, before a year I give my shop to a person with three year agreement on stamp paper.But after  one month he is not  giving me rent of that shop so i want to take my that shop from him but he is agree to left the shop apart from that he misbehave me because some small politics of his area supporting him. and it is written on stamp  paper that "if he will be unable to pay the rent then he has to left the shop".Now please suggest me what should i do??

And one thing is more,,before a week that shop has fall down due to heavy rainfall,now he is trying to repair that shop.
Asked 1 year ago in Property Law from BUDHANA, Uttar Pradesh
Religion: Hindu
1. File an eviction suit vagainst the said tenant,

2. Eviction suit takes a long time to be disposed of. So, it will be prudent on your part to evict him by making a settlement with him,

3. Engage a lawyer having expertise in this field.
Krishna Kishore Ganguly
Advocate, Kolkata
12027 Answers
226 Consultations
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File eviction suit as advised in my earlier post.
Krishna Kishore Ganguly
Advocate, Kolkata
12027 Answers
226 Consultations
5.0 on 5.0
1) you should by letter terminate the leave and licence agreement as he has failed to pay rentals 

2) if the person does not vacate shop file suit for eviction 

3) contact a local lawyer 
Ajay Sethi
Advocate, Mumbai
23079 Answers
1212 Consultations
5.0 on 5.0
1. You can file a suit for eviction.
2. Default of paying rent is a ground of eviction.
3. SO if after filing the suit he stops making the payments of rent you will win the case in no time.
Devajyoti Barman
Advocate, Kolkata
5131 Answers
54 Consultations
4.9 on 5.0
If he has defaulted in payment of rent you can file a suit for eviction on the same grounds. 
You may first issue a legal notice to him asking him to vacate since he violated the conditions of rental agreement and then file a civil suit for eviction. 
If he  misbehaved and done any harm due to this, you may approach police for  action against him under criminal law.
T Kalaiselvan
Advocate, Vellore
13902 Answers
127 Consultations
5.0 on 5.0
1) if you have signed agreement with tenant for 3 years you can terminate leave and licence agreement only as per its terms 

2) if he does not pay rent and misbehaves with you terminate the agreement and ask him to vacate 

3) file suit if he does not vacate 
Ajay Sethi
Advocate, Mumbai
23079 Answers
1212 Consultations
5.0 on 5.0
1. Failure to pay the rent is a ground on which the tenant can be evicted through the court. You can file a lawsuit for eviction and also seek to claim the unpaid rent from him.

2. If he misbehaves with you then lodge a police complaint against him. You can seek court's intervention if police does not register the case. 
Ashish Davessar
Advocate, Jaipur
18049 Answers
445 Consultations
5.0 on 5.0
1. You can not get back your shop unless he is evicted from the shop,

2. Eviction can not be made by force but with due process of law,

3. File an eviction suit to get Court order in your favour based on which you can evict him with police help.
Krishna Kishore Ganguly
Advocate, Kolkata
12027 Answers
226 Consultations
5.0 on 5.0

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