Civil Procedure Code (CPC)

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Leave & licence agreement

Querist : Anonymous (Querist) 10 September 2019 This query is : Resolved 
Hi There,

We have rented our house in Virar (West) under the leave & licence agreement. Our tenant has not paid us the rent on time, due to which we had issued them the termination notice via Whats app as we are away from Mumbai.

The tenant has kept quiet and has stopped answering our phone calls. Can you please what should we do as we want them to vacate the premises at the earliest.
R.K Nanda (Expert) 10 September 2019
send lawyer legal notice, to tenant to vacate premises, through speed post.
kavksatyanarayana Online (Expert) 10 September 2019
Yes. first send legal notice to the tenant by Registered Post. If not responded, file erection case. consult an able advocate for further guidance.
Querist : Anonymous (Querist) 11 September 2019
thanks Mr. Nanda & Mr.Kavksatyanarayana
Querist : Anonymous (Querist) 08 October 2019
Have sent the notice to vacate and the tenant has still not vacated. Can you please advice what could be the charges one should expect for filing eviction suit and the timelines for such suits. Also the charges that i will incur for eviction suit (lawyers fees, court fees), can they be recovered from tenants as the whole reason to terminate the lease is due to the breach of payment terms by tenant.
Kishor Mehta (Expert) 15 October 2019
If the leave & Liceense document is duly stamped,executed and registered and if the licensee is not paying the license fees you can file an eviction suit in the special court and demand double the amount of license fees under section 24 of the Maharashtra Rent Control act 1999. You can request rhe court to compensate you for the legal expenses.


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