• Tenant at residential property

Hi,

I rented my 1 kanal residential property at MOHALI to an individual. The first lease agreement for 11 months was made in Dec 15 2018 valid till Nov 15 2019. 

I bought fresh stamp papers and made a new lease deed agreement effective 1st DECEMBER 2019 again for 11 months. As the agreement was for 11 months, i did not register it but got it notarised.

The agreement clearly mentions that it is for 11 months, it mentions that i can get my premises vacated on 60 days notice. It also clearly mentions area of rent as 2 rooms with bath and kitchen and carpet are a of 750 sq ft. I also mentioned that I have rights to construct the full house for which reason he can not stop us from doing construction. 

Now the tenant is troubling on various counters
1. He is not paying regularly - payments are often late by 2 months. Last 3 months rent is pending. 
2. He is not allowing us to construct the balance house saying that will cause him disturbance and he will got to court and get a stay on construction. My agreement clearly mentions that i can make more rooms and rent out the same and do construction and that entry exits are all shared for all tenants.
3. He has put 5-6 huge boards in our house and started running his business of PROPERTY DEALERSHIP where as the agreement clearly mentions that purpose is authorised residential use only.

I want immediate eviction and even ready to leave 3 months rent and actually worried so am ready to give him 1-2 lakhs also as the property is very costly and my rent deed is not registered. 

What is your suggestion 
1. The current term of 11 months expire on 30th Oct 2021. Should i wait for end of term.
2. As per terms of agreement - 60 days notice can be given for eviction. Can i exercise this option.
3. I entered in to 11 month rent agreement without registeration of same. This is 2nd 11 month term with seperate agreement on different stamp paper and also there is 15 days gap between both lease deeds. Should i be worried that its not registered. It is notarised however.

What will be your advise to deal with the current situation. My preferred choice is that i want to see him evicted even at financial loss. I dont want to run to courts as courts take very long time to settle.
Asked 16 days ago in Property Law
Religion: Sikh

4 answers received in 2 hours.

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11 Answers

If there is no lockin period you can give him notice and then file eviction suit if he is not vacating. 

It's ok if it's not registered you can still evict him. 

 

Prashant Nayak
Advocate, Mumbai
23361 Answers
49 Consultations

4.4 on 5.0

Hello,

  1. Regardless of whether or not the Agreement was registered or not, the Agreement is valid and binding on both the owner and the tenant.
  2. You can certainly exercise your right to have him evicted by giving a notice of 60 days as stipulated in your Agreement. In the notice  you must highlight that he is irregular at payment of rent and that he has violated the agreement by putting it to commercial use.
  3. You need to be prepared by collecting proofs of him running a business in the premises and if he fails to vacate with the legal notice, your only option is to file a suit for eviction in the civil court. If you succeed in convincing  the court that he is putting the premises to unauthorized use and you need the premises for your use, you can get him evicted soon.  

S J Mathew
Advocate, Mumbai
3246 Answers
139 Consultations

5.0 on 5.0

1. You need not wait for the expiration of the current tenure of the rental agreement, you can issue an eviction notice to him to vacate the rented premises since he  has defaulted in monthly rental payment for more than 3 months and also for causing hindrance or stopping you from constructing the vacant portion of the property  besides using the residential place for commercial activities.

2. Since he has not paid rent for 3 months and had been irregular in payment of rental amount in the past, also since the other reasons support your eviction notice, you need not give him 60 days notice for vacating the premises.

You can give him 15 days time and ask him to vacate within the 15 days time period.  

3. It is not mandatory to register 11 months rental agreement.

Hence unregistered rental agreement is not a cause of concern, especially for the landlord.

Please remember that if he is not coming for compromise settlement and vacating the premises, you have no option other than to handle the matter legally that too immediately otherwise you will be wasting your time by sitting idle  thinking that the legal process will time.

You may take a wise decision at right time.

 

T Kalaiselvan
Advocate, Vellore
72169 Answers
1078 Consultations

5.0 on 5.0

Whatever dates you have mentioned, it hardly matters while giving legal opinion and suggestions to your query if it is understood properly.

You may issue a legal notice immediately to the tenant to vacate the rented premise immediately within 15 days fro the date of receipt of the legal notice for the reasons:

1. default in 3 months rental payment;

2. Causing hindrance and obstruction with an intention to stop your proposed construction of the vacant site adjacent to the rented premise;

3. For using the residential place for commercial activities. 

 

You may consult  local advocate and proceed as suggested 

T Kalaiselvan
Advocate, Vellore
72169 Answers
1078 Consultations

5.0 on 5.0

1) you can issue notice to tenant to vacate premises on account of failure to pay rent and carrying on business in premises 

 

2) exercise 60 days notice period option 

 

3) no need to wait till expiry of agreement 

 

4) you can rely upon notarised agreement 

Ajay Sethi
Advocate, Mumbai
82096 Answers
5156 Consultations

5.0 on 5.0

Act as mentioned herein above 

Ajay Sethi
Advocate, Mumbai
82096 Answers
5156 Consultations

5.0 on 5.0

Dear Sir/Madam,

-Precisely you shall have to file eviction suit against the tenant as this is the only remedy available which you can avail irrespective of whether lease agreement is registered or not.

- Besides, you can file police complaint for harassment and also can complaint to RERA authority as no property dealer can work without registration with RERA and such complaint will affect his credibility in the RERA and market. (All brokers will have to compulsorily registered with the concerned state-level regulatory authorities. Real estate agents will be given a registration number by the authority which will be valid for 5 years and will be renewed thereafter .If any real estate fails to register , they will be liable for penalty. )

- Prima facia shared information, I can assist with above information only. If needed further guidance, feel free to connect. 

 

Regards

 

Vivek Arya

 

Vivek Arya
Advocate, Gurgaon
731 Answers
6 Consultations

5.0 on 5.0

Dear Sir,

 If you go to the Court with eviction suit then it may take 2 to 3 years time. Please use your good offices to get vacate. 

Kishan Dutt Kalaskar
Advocate, Bangalore
5787 Answers
283 Consultations

4.8 on 5.0

Dear Querist

Legally, without the Court, you cannot evict him from your property.

if you want to evict him then issue a legal notice for eviction due to non-payment of rent and terminate the tenancy as per the terms and conditions of the Rent agreement. i.e. 60 days as you informed. after 60 days from the receipt of legal notice, file an eviction petition before the civil court of your area where the property is situated and claim arrears of rent, mesne profit, and damages.

 

Feel Free to Call

Nadeem Qureshi
Advocate, New Delhi
5976 Answers
282 Consultations

4.9 on 5.0

- As per law, both the parties are bond to comply the terms mentioned in the rent agreement , whether it is registered or noterized. 

- Further, the tenant cannot dictate the landlord /owner of the property for the construction and use of the tenanted premises. 

1. No, don't wait for the expiration , and terminate his tenancy after issuing a legal notice on the ground of non payment of rent regularly and other grounds. 

2.  Yes

3. No need to worry , there may be oral tenancy as well.

- If after receiving the legal notice , the tenant no vacated the premises then file an eviction petition before the court.

Mohammed Shahzad
Advocate, Delhi
6719 Answers
71 Consultations

5.0 on 5.0

Dear sir,

you can send him a legal notice. he has no right to stop you since it is your property and you are the owner. Since he has not paid the rent, you can get that compensated too with interest. you can also charge him of the mental harassment that you are going through. 

you are required to send him an eviction notice: An Eviction Notice is a formal letter sent by the Landlord to the Tenant communicating the termination of the Tenancy Agreement. ... The Eviction Notice can be sent to the Tenant on the happening of the following: The Tenant has failed to pay the rent: If the Tenant has failed to pay the rent on the specified time.

  • For more assistance, you can book a consultation with me.
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Anik Miu
Advocate, Bangalore
1125 Answers
10 Consultations

5.0 on 5.0

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