Tenant denied to vacant the property
Nikhil Khetani
(Querist) 03 December 2022
This query is : Resolved
The tenant is a lawyer itself and 2 years ago conducted structure modifications without taking the permission from the landlord. Now at the end of the tenancy agreement the landlord wants to take the posession of the property for its own use l, however the current illegal tenant denies to vacate as he demands INR 3,00,000/- for modifying the structure ( it was intact before as well and didnt need any repair, the lawyer tenant used the property for 2 years without any modifications as well) or needs a new agreement for 2 years
. The agreement has ended in june 22 and since then no rent has been paid along with threats of being a lawyer putting wrong aligations on the landlord please suggest
Advocate Bhartesh goyal
(Expert) 04 December 2022
Issue legal notice to tenant for eviction of rented premises for committing of default in making payment of rent and material alteration of rented premises without prior permission of ladlord, if notice is not complied with then file eviction suit against tenant on aforesaid grounds before Rent Tribunal/Civil Court.
Nikhil Khetani
(Querist) 04 December 2022
Thankyou Adv.Sudhir Kumar and Adv. Bharatesh Goyal.
However till the time the case is going on in the court which could be anywhere from 1-4 years as suggested by many other lawyers….who will have the posession of the commercial property?
kavksatyanarayana
(Expert) 04 December 2022
You may but it depends on the merits and demerits of the case. Once you have filed the case so wait till the orders pass. Your lawyer may put in a request to dispose of the case early.
Nikhil Khetani
(Querist) 04 December 2022
Thank you so very much for your response
Dr J C Vashista
(Expert) 07 December 2022
Did you terminate tenancy of the occupant / lawyer and demand physical vacant possession by issuance of a legal notice ?
What is rate of rent and where is the demised property located since local laws including Transfer of Property Act, 1882 also apply to the subject matter ??
It is advisable to consult a local prudent lawyer for proper guidance and necessary proceeding.
P. Venu
(Expert) 16 December 2022
You can seek eviction in terms of the local Rent laws as applicable. Non-payment of rent itself is a sufficient ground to seek eviction. Your tenant has no privilege or protection of law just because he happens to be a lawyer.
