• 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 6 months ago in Property Law from Delhi, Delhi
Religion: Hindu
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
26066 Answers
1417 Consultations
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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
26066 Answers
1417 Consultations
5.0 on 5.0
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
1353 Answers
93 Consultations
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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
616 Answers
19 Consultations
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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
19108 Answers
484 Consultations
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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
16443 Answers
153 Consultations
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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
16443 Answers
153 Consultations
5.0 on 5.0

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