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.
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 10 years ago in Property Law
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13 Answers
what does your agreement says about termination of tenancy,what is the notice period in case of non payment or termination of tenancy
Dear Mr. Rajeev, Termination of agreement said once the tenant failed to pay the rent on time the agreement will cancel immediately but since as I said it is now since September 2013 I am asking them to vacant but always they make new excuses and asked me to wait and wait.....
Asked 10 years ago
give legal notice and then file a suit for eviction,do not make further delay start the process
What the time duration (approx. and maximum) will take once we issue a legal notice and file a suit in vacating a flat ?
Asked 10 years ago
you can give legal notice tomorrow and will have to give him 15 days notice for vacating and there after file suit in court
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.
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.
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
Dear All, Notice has been sent by registered post and once our lawyer tried to give a same notice through hand they refused to accept. kindly advise, Thanks,
Asked 10 years ago
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
it is deemed served if refused to acccept
What will happen now Mr. Rajeev since they refused to accept the notice via hand but they have received through registered post.
Asked 10 years ago
now you can go ahead and file suit for eviction .
You should move forward and file eviction suit as notice is deemed to have been served if refused to accept.
now start the process of filing eviction suit
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.