• Tenant not vacating my flat

Dear Sir,

I have my own flat here in South Delhi which I had given for rent in June 2012 but from January 2013 my tenant start delaying in giving a rent than on September 2013 I had given a written notice to them to vacant a flat within 1 month but till today 16.05.2014 he has not vacating nor giving any date to be vacant and after having several reminder to them now they are saying we are not going to vacant your flat do as you can do.

Also be informed that the Agreement/Lease for the flat too expired in April 2014.

Kindly advise what to do.

Thanks,
Asked 2 years ago in Property Law from New Delhi, Delhi
1. Since this type of problem is very common, hope you have made proper leave license agreement taking care of all legal aspects,

2. Now, file an eviction suit against him on appropriate grounds based on the said agreement.
Krishna Kishore Ganguly
Advocate, Kolkata
12131 Answers
233 Consultations
5.0 on 5.0
what does your agreement says about termination of tenancy,what is the notice period in case of non payment or termination of tenancy
Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations
3.5 on 5.0
give legal notice and then file a suit for eviction,do not make further delay start the process
Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations
3.5 on 5.0
you can give legal notice tomorrow and will have to give him 15 days notice for vacating and there after file suit in court
Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations
3.5 on 5.0
Better would be to consult a lawyer personally who after examining the contents of the Agreement  may adivise you correctly. However, without seeing the Agreement , it may be said to serve him eviction notice and the file suit for possession claim also arrears of rent and damages for use and occupation.Please feel free to call.
S.P. Srivastava
Advocate, New Delhi
703 Answers
13 Consultations
4.8 on 5.0
1. It will depend on many factors like tye load on the court, the ability of your lawyer to expedie the matter, the ability of the lawyer of the opposition party to delay the matter,

2. In any case you shall have to strat it some day to evict him,

3. File it immediately.
Krishna Kishore Ganguly
Advocate, Kolkata
12131 Answers
233 Consultations
5.0 on 5.0
1) since licencee has failed to vacate the flat although agreement has expired in April 2014 and inspite of notice file suit for eviction . 

2) there are number of lawyers on this website  from Delhi . contact any of them
Ajay Sethi
Advocate, Mumbai
23328 Answers
1220 Consultations
5.0 on 5.0
1) if notice has been sent by regd post AD and it has been returned with remarks refused it is proper service . 

2) you can file suit for eviction
Ajay Sethi
Advocate, Mumbai
23328 Answers
1220 Consultations
5.0 on 5.0
it is deemed served if refused to acccept
Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations
3.5 on 5.0
now you can go ahead and file suit for eviction .
Ajay Sethi
Advocate, Mumbai
23328 Answers
1220 Consultations
5.0 on 5.0
You  should move forward and file eviction suit as notice is deemed to have been served if refused to accept.
S.P. Srivastava
Advocate, New Delhi
703 Answers
13 Consultations
4.8 on 5.0
now start the process of filing eviction suit
Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations
3.5 on 5.0
1. If he has refused to receive the Notice sent by registered post, it will be considered as Good Service as per law,

2. File eviction suit without any further delay.
Krishna Kishore Ganguly
Advocate, Kolkata
12131 Answers
233 Consultations
5.0 on 5.0

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