Refuse to sign aggrements11monts
bala
(Querist) 25 December 2015
This query is : Resolved
sir/madam my uncle has given 5 small shops to tenants they are doing business like tailor,beautyparlour,for 10years now we need the shop,they are refusing to sign 11 months agreement,also my uncle tell more than five years please vocate but they rudely speak to him,now i said i will u all to 11 months agreements and then vocate but they refuse to do sign what can i do ? no agrreements we have they are threatening???
Devajyoti Barman
(Expert) 25 December 2015
If your uncle is the landlord of those tenants he can file a suit for eviction of tenants.
There is no other way to make them quit the place unless they leave voluntarily which they unlikely to do.
Rajendra K Goyal
(Expert) 25 December 2015
You can not force any to sign document.
Try to have amicable settlement, if not possible consult local lawyer to proceed legally which is time and cost consuming process.
Kumar Doab
(Expert) 25 December 2015
Agreed with experts.
malipeddi jaggarao
(Expert) 26 December 2015
Only suit for eviction is the way. Even in that case also, unless the owner requires it for personal purposes, eviction is not that easy. There might be some elders, middlemen, who can help to solve the problem. He has 5 shops, how many shops you need for personal purpose? On that pretext, it is not fair to get all evicted. If the rentals are low, better have a talk for increase of rentals instead of using the weapon of eviction.
Dr J C Vashista
(Expert) 27 December 2015
@ Bala,
1. Where are the shops located (name of city)?
2. What is the agreed rate of rent?
3. Did your uncle issue rent receipts?
4. Since when the tenants have not paid/ deposited rent?
5. What is the plea of tenants for not vacating the shops
There are various other related questions, no opinion can be formed and advised in the absence of vital information.
Consult a local prudent lawyer for proper advise and proceeding.
Kumar Doab
(Expert) 27 December 2015
Record all threats.
Consult an able counsel specializing in such/property/civil matters.
Proceed under expert guidance of your counsel.
T. Kalaiselvan, Advocate
(Expert) 03 January 2016
Since the original 11 months agreement stands expired now, literally there is no rent agreement existing now, hence the tenancy may be termed as month to month tenancy.
Hence he can issue a notice giving 15 days time and file an eviction suit terminating the tenancy.Consult an advocate and proceed as per his further advise.
