Eviction of tenant without rental agreement in Hyderabad
I have a flat in Hyderabad, which I gave for rent in the month of May'2016. I stay at bangalore. I got a new job opportunity in hyderabad, so that I need to relocate to hyderabad by Jan 5th, 2017. I asked my tenant to vacate the flat by end of Dec, 2016. I informed him on 10th Nov, 2016 through phone. Also i sent a text message on 16th Nov, 2016 to his mobile and whatsapp message as well. He denied the request and saying he will vacate after 2 years.
We never had agreement. Rent is deposited by cash in bank.
How much prior notice do i need to give him for vacating the flat?
I would like to know the what law says about this case.
Asked in Property Law from Bangalore, Karnataka
One clear month notice is mandatory to evict a tenant.
If in spite of service of notice the tenant refuses to vacate the premises then suit for eviction remains only option left.
So get prepared for a lengthy battle as eviction suit takes some time to conclude.
1) the mistake you made was you did not enter into regd leave and licence agreement with your tenant
2) issue notice to tenant of one month to vacate the premises as you require it for personal use .
3) if he refuses to vacate file eviction suit
Since you do not have a rent agreement or lease deed with this person you should serve a lawyer's notice to him to vacate the flat, and if he does not do so then a suit for his eviction in the civil court is the only remedy.
In the absence of rental agreement, it can be considered as oral rental agreement.
As per this you can give one month notice advising him to vacate at the expiration of one month time
You can quote that you require the premises for your own use in the notice issued for vacating the same.