Dear Lawyer, The Flat occupied by tenant is located in Andheri west. Facts of the case: 1. Registered leave and license agreement done with Tenant. 2. Lock in period is over. 3. Written notice given to tenant to vacate the premises, but he is refusing and saying he never received it. 4. The registered agreement clearly states "In the event of the Licensee failing and / or neglecting to remove himself / herself / themselves and / or his/her/their articles from the said premises on expiry or sooner determination of this Agreement ,the Licensor shall be entitled to recover damages at the rate of double the daily amount of compensation per day and or alternatively the Licensor shall be entitled to remove the Licensee and his/her/their belongings from the Licensed premises, without recourse to the Court of Law." If any society complaints or illegal activities found in the said premises, then licensor shall be entitled to give 24Hour notice to vacate the said premises and the licensee agrees and undertake to vacate the said premises within 24Hour. Questions: 1. How can i evict the tenant? court route can take months and tenant will enjoy rent-free time until then. The security deposit is not enough to cover 90+ days of rent-free stay by tenant or until eviction notice is served. 2. Based on my point # 4 above, how do i evict him out without approaching court? 3. What is the best way to service any notice to tenant, so there is proof of delivery and tenant does not say that he never received the notice? 4. Does Society help in this case? if so, what sort of help can be expected from the society office managing committee? What if tenant does not listen to the society managing committee as well? Thank you
You must have acknowledgment receipt of service of written notice
2) if he has failed to vacate file eviction suit against tenant
3) you cannot take law into your hands and evict him forcibly
4) notice should be sent by registered post AD or speed post AD
5) if tenant has created nuisance in society then society can ask flat owner to evict the tenant
1. and 2. First, you need to send a legal notice asking the tenant to vacate on or before a deadline, after paying all arrears of rent. After expiry of the deadline you need to file an eviction suit at the proper court as advised by your lawyer. There is no other way to evict the tenant.
3. Send the notice by Speed Post or by Regd. Post with A. D. You may get a certificate of delivery from the post office, if necessary.
4. The society has no role to play legally.
1. Don't worry gile eviction proceedings against him. He can be easily dtagged out.
2. You need to evict him through court of law only that clause is legally unfit
3. By speed post
4. No one can help you.you need to approach competent authority.
Sir,
If you need any further assistance.You can approach me through Kaanoon or LinkedIn.
1. You cannot evict him without following the due process of law. You will have to approach the competent authority under the maharashtra rent control act. It's a summary procedure and does not work like a regular suit. If you prove that notice is received by tenant then on expiry of license period by sooner termination as stated in the notice, the licensee will be an unauthorized occupant and the court will award you double the rent from expiry till he vacates
2. Not possible. That clause is of no avail
3. Registered post acknowledgement due. If he refuses to accept the envelope when sought to be delivered to him, it will be taken as a deemed and good service under law
4. Society is not a party to the leave and license agreement. How can it help. At the highest if there is indeed any activity by the licensee which the society finds offensive then that can be used by you as a ground to terminate the license
1. With latest trends in 2022, how long is does it take on average to get an eviction notice from the civil court? 2. Does Society help until eviction notice is generated? In this case when tenant does not vacate flat even after 1 month of advance notice to tenant and a copy also sent to society office, the registered agreement stands cancelled/terminated/violated by tenant. Can society see the tenant as a trespass into the building and can stop his entry into the building when registered agreement stands cancelled? They may not officially evict him from my flat, but don't they have right to stop their entry into the building if the registered agreement has been violated/cancelled? To access the flat, tenant has to first enter the society premises, the parking is allocated to me, but technically, not owned by me, but by society, its part of common area.
Disposal would depend upon pendency of cases
2) society will not intervene .you have to obtain eviction orders from court
1. Lawyers are not astrologers to answer your first follow up!
2. This is already answered. Society will never intervene and invite any legal trouble for itself. Your 'technicalities' dont work in law
Please follow the due process of law howsoever onerous that may be to you. But that's the rule of law and cannot be circumvented. No further follow up will be replied.
Any extralegal attempt can land the landlord in further trouble giving handle to tenant to blackmail landlord. Legal proceedings take time but there is no better alternative. If notice is issued through private currier there must be delivery confirmation, that is sufficient proof, if issued through India post you can obtain tracking report from India post portal. You can request help from Society by intimating that the possession of tenant is illegal, hence you are withholding maintenance charges and expenses towards amenities provided should be collected from tenant. Check byelaws of society if there is any provision against unauthorized occupation of flat, make use of that provision. Under law posting of notice at correct address with postage/ currier charges paid is presumed due service of notice. Any second notice will nullify first notice. Lease is expired, file a suit for his eviction under Transfer of Property Act, 1882, where proceedings are faster than Maharashtra Rent Control Act. After expiry of lease any amount can be claimed as rent and tenant is bound to pay whatever is claimed by landlord.
In Maharashtra old Act is still in force, new model rent Act recommended by Central Government is yet to be enacted, unlike Tamil Nadu where State Government has introduced Tamil Nadu Regulations of Rights and Responsibilities of Landlords and Tenants Act, 2017 which is balance Act. Issue a notice to society informing termination of tenancy and treat tenant as trespasser instructing security to restrict his movement. Carry all round onslaught on him legally, it will certainly help.
1. Since, you have already terminated the tenancy after sending the legal notice , then the said tenant is under obligation to vacate the premises, whether the said notice is received by him or not , and if you having the proof of sending the notice on the correct address.
- If not vacated, then file an Eviction petition before the court for getting vacant premises.
2. Without approaching court , you cannot take the law of the land on your hand.
3. The notice should be send on the correct address by post
4. The society also not having authority to vacate the tenant forcibly , and without taking legal action.
- Since, the license already expired , and tenancy also terminated after sending legal notice , then it will not take much time to vacate the tenant.
1. Since you have a registered L&L agreement with you you can get justice from court immediately within 6 months, of course getting him evicted through due process of law by an order of court would be the appropriate step available before instead of taking any short cut, which may delay inordinately besides causing you heavy loss of money and energy.
2. You cannot forcibly remove him from the rented premises without adopting due process of law.
3. You can send an eviction notice through your lawyer by registered post with acknowledgment card, which will be an evidence to prove the service of notice to him in this regard.
4. This is a personal matter between the landlord and the tenant, hence society has no business to interfere in it neither the society has any power to take any action against the tenant until and unless he creates nuisance to the fellow tenants/owners/members of the society
1. As per the latest rent control act, the court will take a decision very expeditiously, the matter can be disposed between 6 months and one year time.
2. The rental agreement is between the landlord and the tenant and not between the tenant and the society, hence society cannot interfere in this matter.
If you feel that the tenant is behaving in an arrogant manner when asked to vacate, you may give a complaint with the local police about this and also can state that he is an illegal trespasser after the expiration of the agreement.
The society has not permitted the tenant to occupy your property and the society has no such powers vested on it, hence do not have any such imaginary expectations from society.
The society cannot come to your rescue in your personal problems.
You have to solve it by yourself with the help of law.
1. Such things cannot be predicted.
2. The society has no role.
Dear Client,
The eviction process varies. It may be as simple as the landlord giving written notice to the tenant with an explanation of the eviction and the final date by which the tenant must move out. On the other hand, it may escalate to a legal dispute. Thus, the length of time an eviction process will take depends on the specific situation. It can range from a few weeks to more than a year.
If the tenant is un-cooperative and does not want to settle the dispute peacefully and even not agrees to vacate the land, the landlord can issue an eviction notice. Not only a tenancy of temporary term but also of fixed term can be challenged and determined by the eviction notice.The proper drafting and inclusion of all the important points in an Eviction notice is essential as there have been cases when the suits have been dismissed only because of the errors in the Eviction notice. Failure of the tenant to pay rent. If the tenant is even late by 15 days, the landlord has an opportunity to evict the tenant. Eviction notice can be issued if the tenant neither pays the rent nor vacates the rented property.If there is some urgent need of property by the owner: If the owner needs the property for his personal use or any of his family member needs it urgently, the eviction notice can be issued.The landlord must give the eviction notice which provides sufficient time limit to the tenant to either vacate the place or make the payments.The time given must be in accordance with the terms mentioned already in the rental agreement and if they were not specifically mentioned then in the eviction notice, then sufficient time should be given after which the tenant can be summoned in the court according to the state enacted acts.
Thanks & Regards
1. It takes some time
2. Society has no relevance in the same. It's between you, your tenant and court