• Mutual agreement for eviction of tentant

Hi,
My residential tenant has not been paying rent for last 3 months and even before that he has been paying erratically. 

He is also blatantly using the premises for commercial use where as the rent agreement clearly specifies it to be residential purpose. 
My rent agreement is till October 31st 2021 only when his TENURE expires as it is 11 month agreement only (this is 2nd tenure of 11 months). I did not register the rent deed but made another in gap of 15 days. 

I considered sending 15 days Eviction notice but I dont want him to stay as he is damaging my property by installing new SIGN boards of various builders as DLF, WORLD TRADE CENTRE and many. He has about 10 installed in my residential house on 3 sides of the 1 kanal house where as he has just taken 2 rooms on rent from me and area is clearly specified as 750 sq ft. 

Now i dont want to go to COURTS as courts will take min 1 year to decide and owing to covid he can stretch it to 2 years also on pretext of not well etc. 

I spoke to him and he is asking for 2L to vacate the premises but after a gap of 30 days i.e. on 29th MAY 2021.

He is ready to give it in written on stamp paper. I must mention he is very un reliable person and back out of any thing and every thing any time he likes. He is not a man of words at all.

NOW MY QUESTION IS 
Do you advise me to enter a mutual settlement agreement with him which he is ready to sign. I even bought stamp papers and he is ready to sign on anything provided we mention the amount of Rs. 2 lac in it. 

1. Now what all should i write in the MUTUAL AGREEMENT On Rs. 50 stamp paper. How can i ensure he does not back out from the deal. 

2. Do i mention his violations as the reason for our interest in eviction and clearly mention that we are ready to give the amount just to avoid courts & save on time and energies. I want to be on safe side - should he back out completely after 30 days even from his own STAMP agreement. He is shameless kinds - can do anything.

3. WIll notarising the document enough from my side. He signs it and i go and notarise it. 

4. Any other word of advise.

5. To save on time & energies do you think i am doing the perfect thing.
Asked 15 days ago in Property Law
Religion: Sikh

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13 Answers

Well i have always discouraged such kind of agreements which condone the act of extortion. This is your call. I would advise against it. An illegal agreement cannot stand in court. This is an illegal agreement.

If you still want to go ahead then make a registered agreement by paying stamp duty.

State the full facts and the issues involved. State the amount being asked and why are you paying it.

Register the agreement. You cannot compel him to honour the agreement as you again have to go to the courts to ensure compliance.

But this is what you may do.

Rahul Mishra
Advocate, Lucknow
12251 Answers
29 Consultations

5.0 on 5.0

Enter into agreement wherein he agrees to vacate premises on expiry of one month 

 

2) mention X amount would be paid at time he vacates premises 

 

3) in event he fails to pay he would pay penal rent for days he remains  in unauthorised possession 

 

4) agreement should be notarised 

 

5) get agreement drafted by local lawyer 

Ajay Sethi
Advocate, Mumbai
82096 Answers
5157 Consultations

5.0 on 5.0

1. Any agreement with the tenant with regard to eviction is void on the ground of it being against public policy.

2.same as above.

3. same as above.

4. do

5. do.

Devajyoti Barman
Advocate, Kolkata
22341 Answers
343 Consultations

5.0 on 5.0

Any such agreement with the tenant i not valid in law and cannot be enforced in law since it is not executed on a registered document.

 

1. The mutual agreement entered in an unregistered document cannot be enforced in court of law.

Therefore you cannot be able to do anything against him on the basis of the said agreement if he is not complying with the conditions of the agreement.

2. You can write whatever you want to write in the agreement but if he is refusing to vacate even after having paid him as per the agreement and also if he is violating the conditions, you cannot take any action against him except to approach court with an eviction suit and this agreement may be adduced as an evidence but you cannot enforce the conditions through court of law.

3. You have been sufficiently advised that an unregistered document cannot be enforced in law, you may have to approach court with a suit for eviction if he fails to comply with the conditions of the agreement.

In that case you will suffer a loss of money, time and energy already spent.

 

 

T Kalaiselvan
Advocate, Vellore
72170 Answers
1078 Consultations

5.0 on 5.0

In my opinion, the amount of Rs.2.00 L should be given by cheque/DD but should not be given in cash.   The cheque/DD be given on receipt of vacant physical possession from the tenant.   The relevant clauses of the rent agreement be discussed and the rent agreement shall be mentioned to be treated as cancelled immediately on receipt of cheque/DD of Rs.2.00 L and receipt of vacant physical possession.

Dalip Singh
Advocate, New Delhi
882 Answers
17 Consultations

5.0 on 5.0

Dear Sir,

 No agreement is binding unless other party is ready to oblige. Take wise decision.

Kishan Dutt Kalaskar
Advocate, Bangalore
5788 Answers
283 Consultations

4.8 on 5.0

you may choose this settlement and draft this settlement with the help of an advocate, signed the same and signed by him too and both of you should be present before the Notary Public who should take the signature of both of you in his/her register but in case of back out after the execution of this settlement, this document will not help you even before the court this document will read against you and he may claim that 2 lacs from you. 

 

think, if you are not interested to file an eviction petition against you but he files a civil suit for a permanent injunction against you that he should not be left out from the property without due process of Law and get interim injunction against you then you have to fight the case before the court which will take more time then your case.

 

so It will be better to issue a legal notice and terminate his tenancy and file the eviction suit and claim your arrear of rent, mesne profit, and damages.

 

remain you know very well about yourself.

Nadeem Qureshi
Advocate, New Delhi
5976 Answers
282 Consultations

4.9 on 5.0

in my view it is a useless exercise

makes no sense

what is the guarantee he will not default on the settlement agreement as well leaving you high and dry?

better initiate eviction proceedings right away

as regards query 5 - what you are doing is not even close to perfect. It is completely inappropriate. By entering into this so called settlement agreement, you are agreeing to waive all his previous breaches, which is a foolish thing to do

Yusuf Rampurawala
Advocate, Mumbai
6157 Answers
50 Consultations

5.0 on 5.0

Hold your construction till he vacated premises 

 

2) disposal of eviction suit should take around 2 years or so depending upon pendency of cases 

 

3) you can send eviction notice as per your draft 

Ajay Sethi
Advocate, Mumbai
82096 Answers
5157 Consultations

5.0 on 5.0

Encroachment upon the property of the landlord and subletting the property are both grounds for eviction. In your case he is doing both. Moreover you need you house for construction. It may take some time. State governments have made compulsory registration of rent agreements in a prescribed format. I don't know whether it has been done in your state or not. 

It may take some time. He cannot live beyond the lease deed.

The eviction notice must state all the facts of te case, relevant rent agreement and tge applicable law. It should also state how the law is being breached by the tenant, the civil and criminal consequences of not vacating the premises.

Please engage a lawyer.

Rahul Mishra
Advocate, Lucknow
12251 Answers
29 Consultations

5.0 on 5.0

 

1. For more proper wordings in the legal notice for eviction, you may better take the advise of a lawyer in person and issue a strong and legally effective legal notice

2. The time taken for disposal of eviction suit by the court cannot be predicted for various reasons, ordinarily it may take at least two to three years.

3. You have to fight your case, he may drag on the case in the name of defence, it depends on how strongly you prosecute him in the trail proceedings. 

4. Yes, he has violated the conditions of the rental agreement because he agreed to rent the premises for his residential purpose alone and not for misusing the premises for additional incmoe through such commercial activities. 

It is an illegal act and breach of conditions.

5. You are going to construct the vacant land only and not by demolishing his portion hence he cannot object to your proposed construction, you can very well proceed. 

T Kalaiselvan
Advocate, Vellore
72170 Answers
1078 Consultations

5.0 on 5.0

Sir / Ma'am , 

1. You should not enter into the mutual agreement where in he agrees to vacate the property once the said money is paid to him as such agreements are not valid in the eyes of law and you will fail to enforce it. 

2. As this is a mutual agreement and has no value in the eyes of law even though if you mention all the points it will not be considered and in  case after the transfer of money if the tenant  refuses to leave the house , then you will have to file an eviction petition in the court and this agreement will only act as an evidence in that suit . 

I will suggest you to write a legal notice terminating the tenancy and then  file an eviction petition to claim your balance rent and other damages 

Thank you

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Anik Miu
Advocate, Bangalore
1125 Answers
10 Consultations

5.0 on 5.0

Its ok but many other averments will be needed in your eviction notice. For better chances try to get it drafted from a good lawyer.

Prashant Nayak
Advocate, Mumbai
23361 Answers
49 Consultations

4.4 on 5.0

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