You can send notice by email to his email address
notice sent by email is valid service
it is admissible in evidence
How to serve notice to tenant
I have a tenant of a shop in U.P whom i am sending notice by speed post for vacating my shop but the tenant is hiding outside U.P or any other part of state and his adress is not traceable so the post man says as he is absconding Notice cant be served also the postman says that he cant write that he/ she has refused to take notice . So my lawyer is saying without serving the notice we cannot file a suit for vaccating the shop . He/She is paying the rent every month and sends cheque by his staff who also dosent tells where he/ she is hiding. So what should be done in this case and how to serve notice .
Asked 4 years ago in Property Law
Religion: Hindu
10 Answers
- If he is not residing at the tenanted premises , then you can send the notice through whatsup & email modes
- Further, as the said tenant has occupied the shop , then due to non-serving the notice , you can also file the eviction petition before the court.
- Further , if the summon of the court will not serve on the tenant , then court may pass ex-pare decree in your support to take the possession of the tenanted shop in the presence of process server.
In consultation with your lawyer, you may insert an advertisement in a local paper, stating all the relevant facts. He continues as a 'holding over' tenant, paying you the rent. You may even paste a notice asking him to vacate at the shop premises. Unless you know his present address, filing an eviction suit will not serve any purpose.
It is not necessary that the notice sent by you has to be refused by the tenant.
Even the returned undelivered legal notice containing that the addressee is not available in the address would be sufficient to proceed with the intended legal action to file the eviction suit against him for the reasons you rely upon.
Yes serve a notice through registered post or speed post and then file eviction suit
Thanks everyone for anwering the question but there are few points which every one is missing so i request to explain in detail 1- The tenant is absconding the staff is running the show they dont want to tell where he is residing the cheque for payment time to time is sent by the tenant 2- If some how email adress is founded how to proof in court that email is received read by him/ her . 3- If email adress cannot be found we dont onow his/her adress as he is absconding then what will be the procedure as without serving the notice further suit cannot be filed and later on if tenant challenges the lower court verdict moves to high court then this matter gets stuck that notice wasnt received to tenant. So kibdly explain all the methods which can be done in case tenant is absconding we dont know his/her adress place of residence email adress whats app number etc
Asked 4 years ago
- On the File menu, select Options > Mail.
- Under Tracking, select the Delivery receipt confirming the message was delivered to the recipient's e-mail server or Read receipt confirming the recipient viewed the message check box.
- You can in court rely upon delivery receipt to prove email has been received by her
4)you can file suit for eviction based on notice sent by email
5) if you don’t have his email address take the plea that notice was sent at address mentioned in agreement but since tenant is untraceable it could not be served
1. Why are you concerted about the tenant's presence, your motto is to serve the legal eviction notice to his address, so you can send the same through your advocate, after which you can proceed with further action as per procedures of law even if the notice is returned undelivered.
2. You can send the notice through email after having served the notice by registered post, the copy of the email notice would be sufficient to prove that you have served the notice.
3. Read the first answer above which answers this question too.
Please be guided by my previous response.
1. You can send the notice in the tenanted premises as well , even if he is absconding , however if he is paying the rent regularly then only on the bonafide ground he can be evicted .
2. If he was using email earlier for the correspondence with you , then it can be accepted by the court
- Further, if his email is running presently and he responding others , then court will consider the service of the notice .
3. Since, the said showroom is running under his tenancy , then this address may be accepted for the service of notice.
- Further, the address mentioned in the agreement is also enough for the service of notice and to pass order
You can serve him to his last known address or email if not finally you can do paper publications and finish it