• File eviction suite after sending notice of 20 daya

Hi, 

So we have a tenent living since 10 years or so and not paying rent, he has permanent injunction in his favour back in 2017. Since then no rent and not leaving the property, so can we send him legal notice of termination of tenency as the rent agreement already expired many years back and not renewed and rent was 4000. So it is by law a month to month basis after the expired agreement, and after sending him the notice of 21 days if he doesn't leave can we file for an eviction suite? And can we ask for old rent (as i checked i guess only 3 years can be asked) and mesne profit also?
Asked 3 hours ago in Property Law
Religion: Hindu

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1 Answer

he permanent injunction granted in 2017 only restricts you from throwing the tenant out forcibly; it does not grant them a license to live there indefinitely without paying rent. 

 

2) , you must send a  legal notice giving the tenant 15 days  to vacate, ideally expiring at the end of the tenancy month.also claim  arrears of rent. 

 

3) if tenant fails to pay arrears within 15 days of receipt of notice file eviction suit 

 

4) Under the Limitation Act, you can only legally recover past arrears of rent for the last 3 years from the date you file the suit. Any rent owed before that is legally barred by time.

 


You can definitely ask the court to grant mesne profits from the date the notice period expired until the day the tenant actually hands over the physical possession.

Ajay Sethi
Advocate, Mumbai
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