Tenant not vacating the flat
jayashri
(Querist) 06 May 2012
This query is : Resolved
Dear Sir,
Our tenant of 5 years is refusing to vacate property of 1 BHK. Also, he is not ready to
1. sign a leave & license agreement,
2. agreeing to come for registration,
3. do police verification,
5. raise the rent charges
I want the tenant to vacate the house, as i need it since the flat where i am currently residing will go in for re-development.
Can you please advise me with the points with which i can make the tenant vacate my house.
Thanks & Regards,
V R SHROFF
(Expert) 06 May 2012
If in Co-op Society, take help of Society.
Move Civil Court for eviction, ,as LL Agr Period is over.
Adv.R.P.Chugh
(Expert) 06 May 2012
Dear Querist,
You'd have to file a suit for eviction on the grounds of bona fide requirment. You also need to specify which state you belong for the rent acts differ.
If the tenancy falls outside the rent control legislations then serve him a notice u/s 106 TPA for eviction within 15 days, and then file a suit for eviction.
Advocate M.Bhadra
(Expert) 06 May 2012
Send legal notice to the tenant calling him to quit and vacate the rented room for your own use,if the tenant would not comply as per notice then file a Suit for Eviction of Tenant on reasonable requirement ground in Civil Court.Contact with a local civil lawyer for consultation in respect of State Premises Tenancy Act.
Shonee Kapoor
(Expert) 07 May 2012
You would need to file a suit for eviction.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
jayashri
(Querist) 09 May 2012
Thank you very much to all for your time & advise.
jayashri
(Querist) 09 May 2012
I've a query here, can i file suit of eviction even if we have not registered the leave & license agreement with our tenant?
Also, we had sent a legal notice one month prior to the expiry date of the LL agreement that was of January 2012. To which, the tenant sent us reply through his lawyer that the LL agreement is invalid, even though he too had signed the agreement every year for 5 years!
Thanks & Regards,