• Forcible occupation of residential flat previously rented out

What is the procedure to get a rented flat vacated when the tenant has refused to sign a fresh agreement and keeps on occupying the property sending the old rent through Speed post every month , which is not accepted by the owner and the cheques are lying invalid.
Asked 8 years ago in Property Law
Religion: Hindu

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7 Answers

1) issue legal notice to licensee to vacate the premises

2) if he refuses to vacate file suit for eviction

3) you have rightly refused to accept cheques for rent after expiry of the agreement

Ajay Sethi
Advocate, Mumbai
96803 Answers
7810 Consultations

1) you should not have accepted cheques after expiry of agreement .

2) insisted on fresh leave and license agreement be entered into then accepted cheques

3) since you have already filed suit wait for its disposal

4) suit would take around 5 years to be disposed of

Ajay Sethi
Advocate, Mumbai
96803 Answers
7810 Consultations

1. Speed up the trial Your lawyer should try to finish the case faster.

2. Opposite party will drag as it will help hIm if the trial delay

3. He can also deposit the rent amount in the court meanwhile.

Thresiamma G. Mathew
Advocate, Mumbai
1645 Answers
212 Consultations

Dear Concerned,

When you have filed the case, please confirm if you have got a written statement from the defendant/tenant or not. In case you have not received the written statement, file an early hearing application and request the court for early disposal.

Best of Luck- Stay blessed.

Atulay Nehra
Advocate, Noida
1311 Answers
58 Consultations

The remedy is precisely the one that you have availed i.e to file a suit for eviction against him. Since there is delay in disposal of the case you may move the High Court for a speedy hearing

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

The landlord has to issue a legal notice instructing the tenant to vacate the rented premise, failing which he can initiate an eviction suit or petition before the court. competent.

T Kalaiselvan
Advocate, Vellore
87004 Answers
2335 Consultations

I accepted the cheques for 10 months after expiry of the agreement .I stopped accepting payments after I filed a suite in court. please advise.further line of action . Court putting dates.

Since you have already initiated suit before court, you have to undergo the proceedings accordingly.

T Kalaiselvan
Advocate, Vellore
87004 Answers
2335 Consultations

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