I bought an apt in Hyderabad 1 month back which had tenants. The landlord signed an agreement that he will make the tenants move out of the apt whenever we want to move in. There is no rental agreement written. We want to move in on nov 23rd and the tenant is not willing to move out. We have proves of messages and emails that were sent 2 months in advance asking them to move out. Please help on how to proceed further.
Asked in Civil Law from United States
legally the only way out is through an eviction suit. but it is a time consuming process. you can also seek a specific relief through a suit against the seller. but that too is time consuming.
1. Unless the apt was evicted of tenants you should not have purchased it.
2. Since you are the buyer now you are required to file a lawsuit for eviction of the tenants, and may also sue the previous owner for compensation for his failure to honour his promise reduced to writing.
3. Do issue a lawyer's notice to the tenants before going to court.
1) you should have insisted that flat owner deliver you vacant and peaceful possession of the flat at the time of making full payment and execution of sale deed
2) issue legal notice to seller to honour the agreement and deliver vacant possession of flat or cancel the agreement and refund your money with interest
As there is no rental agreement , the possession of the property is illegal and you need to file a criminal complaint without delay and force them to get out of the house legally.
Hi, you have to issue a legal notice under section 106 of the Transfer of property act ask them to vacate the property with in 15 days and if the tenant refuse to vacate the property then then you have to file a suit for eviction before the court.
The land lord is responsible for this trouble, talk to him and try to settled the matter amicably otherwise ready for a legal battle.
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Advocate, New Delhi
1. You shall have to evict the tenant with due process of law,
2. File an eviction suit against the tenant on the ground of your requirement of the property for personal use.
You may issue a legal notice to the tenant to vacate the premises. Before that please make sure if there is any lease or rental agreement which is still in force and ascertain its expiration. What is the vendor's reply because he has assured to hand over vacant possession when you move in?, issue the vendor also a notice to handover vacant possession of the house property.
Actually it was your mistake to settle the entire sale consideration amount even before getting possession of the property, you should have withheld some amount to have hold on the vendor so that he makes sure that his assurance is fulfilled. You can pressurise the vendor on it even now.