• Getting flat vacated

I have a 3 BHK flat in Mayur Vihar Phase III, New Delhi which was let out in December 2011 for a 11 month lease which was extended for another 11 months on request from the tenant. Before expiry of the tenure i gave a month notice to vacate but on request i gave him a grace period to stay till Feb 2014. The tenant has also requested and got his security adjusted in rents and for the past few months he has not been paying the rentals, moreover his record is always to pay rent late few time his cheque has also bounced but i have not taken legal action against him.

As i want to shift to my house i need to get the property vacated. Please suggest the steps i should take so as to get the flat vacated at the earliest.
Asked 4 years ago in Property Law from New Delhi, Delhi
Issue a notice to terminate the lease. In your case a notice of 15 days is required. If the tenant does not vacate you have to file a suit for possession. Claim arrears of rent and damages of illegal occupancy after date of termination of lease.
H. S. Thukral
Advocate, New Delhi
569 Answers
170 Consultations

5.0 on 5.0

You have to give 15 days notice for evicting the property. If the tenant fails to evict the property, then a suit for eviction, with arrears of rent, damages for illegal occupation and the measne profits needs to be filed against the tenant.

Feel free to contact on 9873109672 for assistance.
Setu Niket
Advocate, New Delhi
47 Answers
20 Consultations

4.6 on 5.0

Above proposed actions are in order
Anil Gupta
Anil Gupta
Advocate, New Delhi
180 Answers
41 Consultations

4.5 on 5.0

Issue through your lawyer a legal notice to the tenant asking him to vacate the property forthwith. If he does not vacate on his own then file a case for eviction in the court seeking the eviction of the tenant in addition to him being held liable for the unpaid rent.

If the limitation has not expired then you may even file a case for cheque bounce against him.
Ashish Davessar
Advocate, Jaipur
23120 Answers
640 Consultations

5.0 on 5.0

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