Hello, This is regarding an apartment in Pune. The current tenant has been staying there for almost 9+ years. The registered agreement expired on 31st Jan 2024. Tenant has not paid the rent for January month and is asking for 2 months (till march end) to vacate apartment. I have informed him that I want to use the place for my personal use. I see signs of him buying time and not paying rent even after several reminders. Kindly advise how I can have a smooth take over from him. I live abroad so it becomes more difficult to travel to get the possession. Please advise.
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You issue him a legal notice to vacate the premises giving reasons as that you need the premises for your own personal use, the lease agreement has expired and you don't want to renew it and since he has defaulted in monthly rental payments.
You can state that since the current rental agreement expired on 31st January, in the absence of renewal of the agreement, he will be treated as an illegal trespasser.
If he is still not vacating then you can initiate legal action to evict him.
Issue legal notice to tenant to vacate premises
if he refuses file suit for eviction
you would get court orders within period of one year
If the tenant does not vacate the property then only option is to file suit for his eviction.
Since such suit may create deadlock for years together it is advisable to create personal pressure upon him to vacate the property.
1. Send a legal notice to him to forthwith vacate the tenanted apartment.
2. If he doesn't pay the due rent and not vacating, please file a case in the jurisdictional civil Court for evicting him.
- As per law, in the absence of an agreement , the tenancy is termed as month to month basis , and the tenant is under obligation to pay the rent regularly every month , and if fails then the landlord has right to evict him
- You can send him a legal notice to terminate the tenancy , and to vacate the premises.
- Further, if not vacated then you can file an eviction petition before the court on the ground of non payment of rent and bonafide requirement.
You need to send him legal notice for eviction and file eviction proceedings if he doesn’t vacate
Thank you all for your responses and guidance. I got an idea. I have a followup question, if I end up filing eviction suit, do I need to be physically present in court or Can my lawyer/representative handle that? I live abroad hence it is difficult to appear in person. Thank you.
Your personal presence is not necessary
execute POA in favour of family member
your lawyer can appear on your behalf
You can authorise any close relative to represent you as your power of attorney agent to appear before the court on your behalf during your absence along with your advocate to handle the eviction suit as per law.
1. There's no need of your physical presence.
2. Your authorised representative/Your Lawyer can handle it.
Your lawyer can handle that in your absence. You can contact us from kaanoon
- Your appearance before the court is not mandatory on each and every date of hearing
- Since, you are living abroad , then you can give POA to any relative or nearest person to engage a lawyer and to approach the court on your behalf.
Dear Client,
A supreme court judgment ruled that NRI landlord need not be physically present in country to initiate proceedings against under East Punjab Urban Rest Construction Act. Even though there is no case law for Pune separately, you will have a strong precedent to justify that physical presence is not needed for filing an eviction proceeding. Considering that you want to use the house for your personal purpose and the tenant is not paying rent, filing an eviction suit is appropriate. Mandatory physical presence is not required.
