Issue legal notice to tenant to vacate ship
if he refuses file eviction suit against tenant
also claim arrears of rentals
To vacate shop
I am a doctor, I am working at hospital as an employee with owner, I have been offered partnership from next year but there is a problem, there is a shop at our basement which has been given on rent for last 15 years with rental agreements which are not being renewed. Tenant is not paying rentals and seems in no mood of vacating shop, Our hospital has also BU permission issue, according to sketch passed under local municipality this shop is illegal and there is a parking in authorised sketch. Owner is ready to demolish that shop and make it parking according to rule of local municipality. I have good future in this hospital and to become partner of this hospital is in my financial benefit. How should I proceed and make that shop vacant ?
Asked 3 years ago in Property Law
Religion: Hindu
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5 Answers
- Since, the agreement is not renewed then in the absence of the renewal the tenancy will be considered as month to month basis, and the tenant is under obligation to pay the rent to the landlord regularly.
- If the tenant is not paying rent , then the landlord can terminate his tenancy after sending a legal notice for the termination of tenancy and vacate the premises.
- If the tenant not vacate the premises, then the owner can file an eviction suit before the Court for getting vacant possession and to claim the arrears of rent.
You are not a tenant in the building.
You are working as an employee with the owner hence you cannot take any action to vacate the tenant occupying the shop at basement.
The owner of the building also cannot demolish the shop run by a tenant after having taken 15 years rental amount from him or at least after having let the tenant to occupy the premises for such a long period.
He has to approach the court with an eviction suit after which if he is getting a decree in his favor, he may with the permission of the Municipality can demolish the shop and convert it as as the parking area which was as per the original plan.
Your business plan has nothing to do with the tenant vacating the premises neither you can take any action in this regard.
Dear client, I am sorry to hear about your problems but I thus case you can send a notice to vacate the premises. If they still doe not vacate then legal action can be taken against them.
You need to send eviction notice to him and file eviction proceedings. If its illegal even municipal Corporation can demolish it
