• Commercial Property - Tenant Eviction

I have purchased a Commercial property which was currently rented by the earlier owner. Registered LL agreement between the previous owner and tenant is about to expire on 31.12.16. 
Since I am the lawful owner of the premises now; I shall have to execute an LL agreement with the tenant upto 31.12.16; so as to honour the previous tenure of agreement between Previous owner and tenant.
I shall send across a letter to  intimate the tenant to vacate the premises on completion of the tenure.
If the tenant, in any chance refuses to vacate the premises; despite of intimations what are the legal procedures to safeguard my property and what can be the legal consequences/challenges that can become hurdles for us to retain our right to our lawful property.
Asked 3 months ago in Property Law from Mumbai, Maharashtra
Religion: Hindu
On expiry of leave and license agreement licensee has to vacate the premises

2) if the licensee refuses to vacate you have to file suit for eviction 

3) you can claim penal rent from the licensee as per terms of your agreement for his refusal to vacate 

4) eviction suit has to be filed in small causes court
Ajay Sethi
Advocate, Mumbai
23354 Answers
1222 Consultations
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You have to send notice/letter intimating the tenant that, by virtue of so and so document you became owner of the property from date......... and you are not willing / intending to continue him as a tenant any more for reason for your personal occupation or other and shall ask him to vacate with 15 days from receipt of same letter, else he has to pay damages etc.,. If tenant denied for vacating property you have to initiate eviction proceeding against the tenant before concerned court. You have file a  Caveat Petition through a lawyer if you sensing the tenant may approach for injunction order against you.  Ultimately owner will be owner, but, you have to follow due process of law for eviction of tenant which will take some time. The hurdles will be the tenant can drag the time by taking advantage of his possession over said property and tenant may seek for injunction of not to interfere etc., 
Lakshmi Kanth
Advocate, Hyderabad
224 Answers
2 Consultations
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Hello,
1) It is indeed legally appropriate that you have entered into a new contract to with the tenant to honour the previous tenure of agreement between previous owner and tenant.Make clear in a separate clause in the Agreement how this contract came to be and that the tenant has to vacate on 31.12.16. and hand over peaceful possession.

2) You do not need to send a letter to remind him of the tenure of the Agreement as he should know it, there is no harm in sending a letter to remind though.

3) There is no other precaution or safeguard that is required. If he reuses to vacate, you will have to initiate eviction proceedings, starting with issuance of a legal notice. 
S J Mathew
Advocate, Mumbai
1954 Answers
65 Consultations
5.0 on 5.0
The notice for termination of lease should be send only a month before the expiry of the lease. If he refuses to vacate then a suit for eviction would have to be filed against him to obtain court orders to throw him out. 
Ashish Davessar
Advocate, Jaipur
18183 Answers
449 Consultations
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you should send him a notice 2 months prior to the termination of agreement. give him ample time to search new premises. if he has been running his business for last more than 10 years then you have to pay him compensation equivalent to the rent of 1 year. 
Shivendra Pratap Singh
Advocate, Lucknow
2771 Answers
41 Consultations
4.9 on 5.0
if you have successfully prove your personal necessity then tenant is bound to vacate the land. no extra precaution is necessary because registration of a land is itself a notice it protect and establish your right in the property. 
Shivendra Pratap Singh
Advocate, Lucknow
2771 Answers
41 Consultations
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Actually all these problems should have been sorted out with the vendor at the time of buying the property and the tenant should have been officially communicated about the change in ownership and further follow up action for the continuance of the LL arrangements. 
In any case you may orally inform the tenant that you would not be willing to renew or extend the LL arrangement and ask him to vacate and handover vacant possession on expiration of the present L&L agreement.
Later on when he is no complying the demands made or refusing to vacate you may issue a legal notice instructing him to vacate the property, after which you can file an eviction suit against him before the court competent. 
The litigation will have its own effect of getting inordinate delay in settling the disputes hence an amicable settlement may be arrived with the tenant if there are chances for that. 
T Kalaiselvan
Advocate, Vellore
14151 Answers
127 Consultations
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