1. No you can still send legal notice and file eviction suit. 

2. It may take some time but till they don't vacate court will impose cost on them by making them pay your rent. 

3  If they don't you can claim the expenses in court

You can engage lawyer to send legal notice .ask them to paint the house before vacating premises as per agreement 

2) you can execute POA in favour of family member to file eviction suit 

3) disposal of suit would depend upon pendency of cases in trial court 

1. There's no need for you to be physically present in India for the legal proceedings. You can authorise one of your parents or siblings or friends to represent you by means of POA or you can authorise a Lawyer to represent you by signing the Vakalat form.

2. Sending a legal notice may take only a week.  However, to evict them, the time and duration of the legal proceedings can't be quantified. However, the proceedings may take. one to two years.

3.  Getting repainted by them while they vacate the premises depends on the wordings in the rental agreement. 

Hi, first you have to issue legal Notice ask them to quit and vacate the your property. For issuance of the legal Notice your presence is not required.

2. For filling a suit also your presence is not required. The advocate will draft the plaint and request the advocate to send the papers to your place and once you sign the same send it back to the advocate.

3.  Your presence is required at the time of evidence then you can plan accordingly or else you can give General Power of Attorney to your friend or relative so that with their help you can proceed in the case.

You may send a legal notice through any lawyer in Bangalore. For filing a suit, if necessary, you need to execute a specific PoA in favour of your relative or friend in India. It has to be sworn before a Notary or attested by the Indian High/ Deputy Commission in Australia. Within 3 months of its arrival in India it has to be adjudicated in Bangalore. Then your power agent can legally proceed against the defaulting tenant in consultation with a local lawyer.

You have not state rent payable, if the agreed rent is more than Rs. 3500/- your tenant is not protected under Karnataka Rent Control Act, 2001. The applicable law to the  tenant is general law of Transfer of Property Act, 1882 under which  the tenant is bound to make payment of rent without default, failing which  he is liable to be evicted on a fifteen days’ notice by land lord. Subsequent to receipt of  notice, the tenancy becomes month to month. He is also liable to be evicted on expiry of duration of lease which  is 14th March 2022. Being in default, the tenant has incurred liability to vacate the premises even before 14th March 2022. Issue a lawyer's notice under Section 106 of Transfer of Property Act, 1882  seeking his eviction, as the notice is highly technical it is safer to take assistance of a lawyer. After issuing of notice, the agreement is terminated and you are entitled to demand any amount of rent. You need to file a suit for eviction and recovery of  arrears rent with interest. Add management company as defendant/respondent No. 2 in the suit. Court proceedings are time taking but that is the only way for law abiding citizen.

1. You can effectively pursue legal proceedings from  abroad by issuing a GPA to your friend or relative in India. Execute a GPA  on 100 rupees Indian bond paper or even on white paper in favor of friend or relative in India giving him power to do all such things you are entitled to do. Get the GPA attested by Indian High Commission which  will be done readily. Send the GPA to the person named, he can file a suit for you.
2. As stated the proceedings will take their time.
3. You can enforce all the terms agreed by tenant.

1. You can issue legal notice from  remote place through an advocate located in India, however for prosecuting the tenant/defaulter, your presence is essential or you can authorise someone to take care of the case on your behalf during your absence by giving a power of attorney deed.

2. The time taken for disposal of the case cannot be predicted owing to various factors involved in it, however generally it may take more than two years.

3. If they are not doing it then you can do it at your expenses and can seek reimbursement 

- Since, that tenant is not paying rent , then legally he has not right to continue in the tenanted premises. 

- Hence, you can terminate the agreement after sending a legal notice for eviction and getting arrears of rent 

- Further, if not vacated after receiving the notice, then you can file an Eviction petition before the Court on the ground of non payment of rent, and also can claim dues of rent. 

1. You can POA to any person /relative for engaging a lawyer and to pursue the case on your behalf , and your presence is not mandatory before the court

2. Six moths to one year

3. Yes, You should mention this clause in the notice and also in the petition as well.

The tenancy terminates on the receipt of the legal notice and thereafter it is on day to day basis and 
the tenant is liable to pay damages for illegal use and occupation. In your case, the tenancy expires on 
14th March, 2002. So, send him a legal notice if he does not vacate before 14.03.2022 through a local advocate
terminating his tenancy w.e.f. 15.03.2022 and also held him liable to pay pending rent and damages (provide
a copy of rent agreement to the concerned advocate) within 15 days of receipt of notice. Thereafter, file a suit
 for possession, recovery of pending rent and damages for illegal use and occupation till realization.
However, the reply to your specific questions are -


1. Is it a problem that I am not in India for any of these legal proceedings. I do not want to travel to India for this.
A. Your presence to send legal notice, file suit does not require your presence. You may hire a local advocate who
would profile your copy of plaint by email which you can speed post by signing the same. Your presence is 
required at the time of evidence which take long time or in between the case may be settled by way of compromise
etc. or there may be any further progress in the case.

 2. How long would these legal proceedings take.
A. Proceedings in civil case takes its own time. There is no prediction. However, it depends on the other party how 
much he bears on filing of suit and does not vacate the premises/
 3. As per the rental agreement, they need to repaint the apartment before vacating. Is it possible to legally get this 
done.
A. Yes, you can claim in your suit.