Rent Agreement expired long ago, Tenant refuses to sign new one
1. We gave our flat in Delhi to a person in 2012, with 11 months lease/rent at Rs 8000/- with 10% rent hike clause signed by the notary. He never paid any electricity/water bills in the 11 months periods. So we asked (oral) him to vacate the premises. He request some time to vacate, a new six month agreement was made after that (not sure if it contain 10% clause or not).
2. The new agreement also expired. New agreement were not made after expiry of the second one. (If we made any agreement he would say that I have right to stay till expiry of the agreement as done by him earlier)
3. Now after 3 years, he says you didn't require this premises, you only want to let it to others at higher rate. He says that market rate is increased he cant afford to move to similar premises and plea to let him stay (He never increased the rent).
4. We suggested him to move to some low grade colonies where house is available at, as low as 1/3 and 1/2 price, but he says I will move to a place suitable to my reputation only.
5. Now he is clearing bills once in six months only, but not accepting/ signing new rent agreements and not give any written testimony that he intend to vacate or not. "If I give in written that I will vacate within x months and were unable to find a suitable premises in the period, you will ______________ me"
6. He threatens us that if we seek police, court or some other sort of help from anyone, he will stop paying rent and file some false case against us. "If news spread in the market that I am not vacating the premises. No one will give their flats, then how can I vacate yours. Have some patience and give me some more time".
a How can we vacate the flat, as we need it for our own use.
b What period of notice 15/30 days we need to give him. (30 days were mentioned in the agreement).
c If we send notice ourselves without any lawyer's help, is it valid or not.
d Can the court order him to pay rent with 10% hike (even if it is not in the second agreement).
e Can a single petition be filed for vacating and rent deposition or separate petitions required.
f If he does not vacate even after the court orders, did we need to file separate execution petition.