• Tenant is not ready to vacate the property

Hello:

I had an agreement with my tenant for 5 years @ 10K/month. He requested to reduce the amount in agreement to 5K/month to save some taxes, which in good faith I agreed. Now he has filed a case against me that we are asking more money over the agreement.

I had asked him to terminate the agreement and vacant the property due to this dispute, but he is not willing to. From other's I heard that he is planning to never vacant the property now. What are my legal options here ?

Ashok
Asked 4 months ago in Property Law from Nagpur, Maharashtra
Religion: Hindu
1 terminate the agreement. There must be termination Clause in the agreement when. Either party could terminate by issue of one month notice 

2 file eviction suit if tenant refuses.  to vacate 

Ajay Sethi
Advocate, Mumbai
23079 Answers
1212 Consultations
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1) you  cannot terminate agreement in absence of termination clause 

2) file eviction suit on expiry  of agreement 
Ajay Sethi
Advocate, Mumbai
23079 Answers
1212 Consultations
5.0 on 5.0
Has the 5 year period expired? If the answer is in affirmative then file a petition for his eviction and also claim mesne profits. If, however, it has not expired then he can be evicted only if he has breached the agreement. 
Ashish Davessar
Advocate, Jaipur
18049 Answers
445 Consultations
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If the rental agreement is for 5 years then you have no option than to wait till the expiration of the same. 

However whether the agreement is a registered document or an unregistered one?

If it was an unregistered document then he may not be able to enforce the same in court of law when you issue a eviction notice and a subsequent eviction suit. 

You may issue an eviction notice mentioning that he agreed to pay the escalated rent after a year whereas now he refuses hence you are terminating the oral rental agreement and instruct him to vacate and handover vacant possession. 

An eviction suit may be followed after the notice. 
T Kalaiselvan
Advocate, Vellore
13902 Answers
127 Consultations
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Unfortunately, there is no termination clause as it was prepared by the tenant with a context that he needs it in this format for bank loan, and I did not consult a lawyer on that agreement.

Is option #2 still open in this case and if so how much time does it take on average to get it executed? 



The absence of termination clause in the unregistered rental agreement may be an advantage to you stating that the agreement so prepared was not in accordance with the mutually agreed conditions and also since the same is not registered, it is an invalid document. 

This can be your strategy to be adopted before court in your plea to vacate him in the eviction suit. 
T Kalaiselvan
Advocate, Vellore
13902 Answers
127 Consultations
5.0 on 5.0

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