• Eviction of tenant

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. I have all the photographs as he has put over 10 huge boards highlighting his business. 
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 don't want him to stay as he is damaging my property 

Now I don't want to go to COURTS as courts will take min 6 months to 2 years to decide and owing to covid he can stretch it to more then 2 years also on pretext of not well etc. 

I spoke to my tenant & offered him waiver of pending rent & some amount over and above that provided he vacates the house. 
1. He agrees to the proposal and has offered to vacate by end of May 2021. Am not writing any mutual agreement as any kind of eviction mutual agreement is null & void in eyes of law.

2. He has offered to sign on HANDING OVER POSSESSION on STAMP PAPER OF Rs. 50 on the day of vacating. 
Language is 
 HANDING OVER VACANT POSSESSION OF THE RESIDENTIAL HOUSE

With ref to our lease deed signed on _______ for house no. _______. I am vacating the said premises with effect from DATE XXX and have removed all my belongings. Please consider lease agremement terminated with immediate affect. Absolute Vacant possession of the house is being handed over to the owner Mr. XYZ as on DATE XX XX XX . 

That owner has offered not to claim any pending rents or arrears further to vacation of the house.

Signed by LESSOR & LESSEE

I am preferring not to mention any extra amount being given so as to avoid any future complications.

My Questions
1. Does this language fits in
2. If he signs this VACATION & POSSESSION letter in favour of OWNER on stamp paper of Rs. 50 , does this hold GOOD in terms of law.
3. Can the owner give in written that unpaid rent is waived off. In any case we dont want to claim it latter. We are happy with possession.
4. Any other line that we can add to this so as to make it more SOLID & law proof.
5. After giving vacant possession letter on STAMP paper - can he back out from the deal. We need to be sure as we will be giving him un mentioned extra amount also. OFCOURSE we will give any amount only after he signs the letter. We will also get it notarised though not in his presence. We will go alone to NOTARY
6. Any other word of advise
Asked 11 days ago in Property Law
Religion: Sikh

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8 Answers

1) it is binding on tenant 

 

2) you can give in writing that unpaid rent is waived off 

 

3) it is sufficient to protect your interests 

 

4) he cannot back out of deal 

 

Ajay Sethi
Advocate, Mumbai
82096 Answers
5157 Consultations

5.0 on 5.0

 In spite of signing agreement tenant can very much go back on it. You solution is pay him the agreed money only after receiving possession from him. Involve some influential person from locality as guarantee for payment  after the premises is vacated. Any other arrangement is not of any use.

Ravi Shinde
Advocate, Hyderabad
797 Answers
7 Consultations

5.0 on 5.0

Yeah it is ok. Straightforward. Yeah it does. It should be on a 100 stamp paper. Vacant possession has to be given by him. No debts or liabilities can be claimed by either side in future. No criminal or civil liabilities remain. No cases would be filed by either side. Money should be given through cheque on the day he vacates the premises. You have to register it in his presence. There is nothing illegal written.

Either register it or notarise it.

Rahul Mishra
Advocate, Lucknow
12251 Answers
29 Consultations

5.0 on 5.0

1.  You can draft the contents suitable to the circumstances because it is between you and the tenant, if you are in any doubt about the contents you may take the assistance of a lawyer.

2. As per law, it is not necessary to give any undertaking because any such undertaking is not enforceable in law as the same is not executed by a registered document.

3. If the owner agrees for this, then there is no harm in committing in writing about it.

4. You can decide based on the prevailing circumstances.

5. Mere singing the letter for vacating the premises will not enable you to vacate him from the rented premises, you may have to ensure that he physically vacates the premises and delivers vacant possession to you.

 

T Kalaiselvan
Advocate, Vellore
72170 Answers
1078 Consultations

5.0 on 5.0

Dear Sir,

 It is fine but you must manage to see that he vacates the house as per the terms.

Kishan Dutt Kalaskar
Advocate, Bangalore
5789 Answers
283 Consultations

4.8 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.

 

yes the owner can write that the unpaid rent is waived off, it's up to him

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Anik Miu
Advocate, Bangalore
1125 Answers
10 Consultations

5.0 on 5.0

You need to first send him eviction notice and then file suit in civil court

2. it will be good if he signs but even if he doesn't vacate you need to evict him

3. you can if you want

4.No line will be useful if he doesn't vacate from your place.

5. no. if he backs out then eviction suit

 

Prashant Nayak
Advocate, Mumbai
23361 Answers
49 Consultations

4.4 on 5.0

1. Yes, 

2. Yes, you can produce that letter , if he creates problems in vacating the tenanted premises. 

3. Yes, 

4. You can add that the said tenant is vacating the premises without any pressure from the landlord ,and further he or his any family members  will have not any type of right over the premises. 

5. This document is having value in the eye of law only if that tenant vacate the premises.

6. As above. 

Mohammed Shahzad
Advocate, Delhi
6719 Answers
71 Consultations

5.0 on 5.0

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