To vacate the tenant

kadhiravan (Querist) 16 June 2015 This query is : Resolved
Dear all
I want to vacant my tenant who occupied my shop and the rental agreement renewal was not done since 2013
He has taken ceveat on the same, what should i do now please share your opinion and suggestion

Waiting for the reply
Regards
kadhiravan

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Dr J C Vashista (Expert) 17 June 2015
Why did you continue his tenancy after its expiry in 2013? What is the period of tenancy? Is the rent agreement registered? Do you have security deposit? Are you being paid rent regularly since 2013? Do you issue any rent receipt?
Issue legal notice to handover peaceful vacant possession of demised premises by so and so date failing which the tenant is to pay compensation/ damage as trespasser.
Consult and engage a local lawyer for professional advise and proceeding.

Rajendra K Goyal (Expert) 17 June 2015
File case of eviction, Terms of agreement would be main deciding factor.

c.p.s. ramachary (Expert) 19 June 2015
A lessee by holding over can be evicted under local Rent Control Act. If the tenant is not covered by Rent Control Act, you have to file suit for recovery of possession in civil court. You may also claim damages for illegal use and occupation of the rented premises.

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