Give notice to brother and his tenant and terminate the permitted licence calling them to vacate the premises. Thereafter file eviction case.
Vacating premises - shop
After my father passed away me and my brother decide to divide the house at ground level based on metes and bounds ( 1 floor and 2 shops in ground floor). We registered based on metes and bounds equally . He gets the west side of property and I get the east. But he was using the shop in the east side of property. We made mutual agreement for him to use the shop for 2 years and I enjoy the west side shop until he vacated the east shop to hand over to each other. Later he rented the shop to a third party without my consent. I was still quiet and later he started doing unpermitted changes inside the building and also trying to sell part of his share property to third party. As I felt insecured I gave him 6 month notice cancelling the mutual agreement and my decision to build wall in-between the partition measurements to secure my part of property. It’s near to the completion of notice period but he haven’t got his tenants to vacate my side shop. As construction of wall during the partition may cause damage to the wall in between shops and electrical partition and other pipeline partition to be done. How do I get that tenant to vacate the shop before I begin the wall partition? What is the risk and possibility in vacating the tenant? What kind of notice to be provided to handle this issue
Asked 2 years ago in Property Law
Religion: Hindu
8 Answers
This issue is AP, India
Asked 2 years ago
You can give eviction notice to Temant if he doesn’t vacate can file eviction proceedings
Issue legal notice to tenant to vacate the shop
2) if he refuses file suit for eviction
3) Also file suit for partition for division of property by metes and bounds
4) seek injunction restraining brother from selling his share of property
Act as mentioned herein above
The rental agreement with the tenant was not entered with you as a owner by the tenant.
Therefore you have all the rights to issue an eviction notice to the tenant with a copy to your brother to vacate and deliver vacant possession.
Failing to comply you may file an eviction suit against both.
This is an unpermitted tenancy because he didn't obtain permission from you.
Hence you initiate legal action to evict them and for possession.
- Since, you both have entered into a mutual agreement after partition of the property , then both of you under the legal obligation to comply the terms of the said agreement.
- Since, the said tenant is in your part of portion , then being the owner of that part shop , you send a legal notice to the said tenant after mentioning that you are the legal owner of the said shop , and further you are not interested to keep that portion under tenancy and hence ask him to vacate that shop
- If not vacate within given time, then file a suit for eviction against him with the arrears of rent from the date of his occupation in that shop .
- Further, file an Injunction suit against your brother for restraining him from disturbing your possession and alteration in the property without your consent.
Dear Client,
- Notify your brother and his tenant that you are terminating the permitted license and that they must vacate the premises. If they do not vacate the premises, you will file an eviction case.
- Serve your brother and his tenant with a notice to vacate the premises. The notice should state that the permitted license is being terminated and that they must vacate the premises by a certain date. If they do not vacate the premises by the specified date, you will file an eviction case.
- File an eviction case against your brother and his tenant. The eviction case will ask the court to order your brother and his tenant to vacate the premises. If the court grants the eviction order, your brother and his tenant will be required to vacate the premises.
