Tenant does not vacate after notice to quit
Querist :
Anonymous
(Querist) 14 March 2011
This query is : Resolved
Tenant gives handwritten 6 month's notice to quit.
Does not vacate. Five or so years pass since giving notice to quit.
Pays enhanced rent from time to time and verbally promises to vacate soon.
1) Is the tenancy still surving after 6 months's notice to quit by tenant?
2) Can eviction suit be based on the old notice to quit by tenant?
Will eviction suit run into limitation?
3) Has a new tenancy come into being by paying enhanced rate
since giving notice to quit?
(The issue of new tenancy is relevant because Fair Rent
in West Bengal is based upon date of inception of tenancy)
Devajyoti Barman
(Expert) 15 March 2011
1. Yes
2.No, it is advisable to serve a new notice.
3. Yes definitely
New or not, you can always file a case before the Rent Controller for determination of Fair Rent if the suit property is in Kolkata.
