Eviction of tenant from Rented flat
I own 2 flats in Pune, I reside in one and rented out the other. I have made 11 months Leave & Licence agreement with the tenant and it is notarised (not registered).
Now I would like to know the following things :-
1) Validity of this notorised agreement ?
2) If the tenant continues to live in the flat after 11 months (after expiry of agreement), Can I take help from local police to get the possession of rented-out flat ?
3) what other steps should I take to get the possession of flat if the tenant refuses to vacate the flat after 11 months (after expiry of agreement) ?
Asked 2 years ago in Property Law from Pune, Maharashtra
just a month before completion of 11th month or for any other period if given in agreement, issue a notice informing that you dont want him to contine after lease and he should vacate.
if he fails then give notice of termination of tenancy and file eviction suit.police has no role for eviction.your agreement notorosex is valid.
Advocate, New Delhi
1. The agreement is valid if it has been signed by you and the tenant and has all the ingredients of a leave and license agreement.
2. Police cannot intervene in a dispute of this nature. If the tenant does not vacate on his own accord after 11 months in the event that the agreement is not renewed then you have to move to court for his eviction. Court will order him to leave.
1) in mahrashtra leave and licence agreement is required to be compulsorily registered .
2) police wont take any action to remove tenant after expiry of agreement .
3) contact local lawyer . issue legal notice . file eviction suit
Kindly issue formal notice regarding termination of tenancy. If tenant not ready to vacate the premises even after completion of 11 month, you have liberty to file suit for eviction.
I have already given him notice to vacate the flat two weeks ago. I have asked him to vacate the flat within one month time in line with one of the clauses of our rent agreement
1) Can I file suit immediately after one month notice period ?
2) Can I even claim penalty charges for inconvenience I am facing ?
3) As there is a Leave & License agreement, I heard that court will immediately issue eviction order once the case is filed. i.e. within 15 days time. Is it true ?
Asked 2 years ago
1)you can file eviction suit after expiry of notice period .
2) as far as imposition of penalty is concerned if there is such a clause in agreement you can claim
3) litigation is long drawn process . you wont get reliefs in 15 days .
1. The suit can be filed after the notice period is over.
2. Claiming penalty is subject to any clause to this effect in the agreement. If no such clause exists in the agreement then penalty will not be imposed.
3. What you have heard is untrue.
You can take back possession by due process of law . After the expiry of lease you can file suit for possession . Notice is not req. After the lease expires and is not renewed , the tenant is unauthorised occupier and laible to pay damages for occupation and use at market rate.
Advocate, New Delhi