• Leave and license

One of my pagadi tenants had shop in my premises. We made registered document and gave them some money . We entered into leave and license agreement with them . For 2 years they gave the rent on time . After that they stopped paying rent and now not leaving the property. What to do. ??
They are my cousins only ?
Asked 1 year ago in Property Law
Religion: Hindu

2 answers received in 10 minutes.

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6 Answers

Whether your cousins or a third person, the law is common to all.

you issue a legal notice stating that they violated the rental agreement conditions by defaulting the rental payment for so many months.

hence as per the conditions of the rental agreement, they are liable to be evicted from the premises due to the breach of this agreement condition, hence you may instruct them to vacate and deliver vacant possession within 15 days from the date of notice failing which you may file an eviction suit before the appropriate rent controller court.  

T Kalaiselvan
Advocate, Vellore
90093 Answers
2503 Consultations

Send a legal notice for eviction.

Vishek Vats
Advocate, Delhi
90 Answers

Issue legal notice to incense to pay arrears of rent 

 

2) file eviction suit 

Ajay Sethi
Advocate, Mumbai
99891 Answers
8153 Consultations

Dear Client,

In your case, since the tenant stopped paying rent and refuses to vacate the property, you are eligible to proceed in the following manner in Indian law:

 

1. Legal Notice: Send a legal notice to your cousin demanding rent arrears and stating him to vacate the property as per the terms of Leave and License Agreement.

2. File an Eviction Suit: In case they fail to respond to the notice, you can file an eviction suit either under the *Maharashtra Rent Control Act* or under the law of the State. Non-payment of rent is a just and sufficient cause for eviction.

3. Recovery of Arrears: As to the eviction suit, you can also file recovery of your unpaid rents along with it in the court.

They are your cousins, so some amicable negotiations before reaching to the courts may work.

Thank you.Hope this answers your query.

Anik Miu
Advocate, Bangalore
11025 Answers
125 Consultations

- As per law, the said tenant is under obligation to pay the rent regularly , and if not paid then the landlord having his right to evict him.

- You can send a legal notice for the termination of the tenancy agreement. 

- If not vacated after receiving the legal notice , then file a suit for eviction before the Court. 

Mohammed Shahzad
Advocate, Delhi
15836 Answers
242 Consultations

Kindly give them notice if you had made the Leave and license agreement according to Maharashtra Rent Control Act, 1999. and remove/vacate  the shop forcefully.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

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