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Notice

(Querist) 15 October 2009 This query is : Resolved 
Please can any one help me in drafting Notice to the tenant for vacating the premises, reason is i want the premises for personal use.
H. S. Thukral (Expert) 15 October 2009
A tenant who is not vacating the premises on oral request is not going to vacate on Notice and you shall have to file eviction petition or suit for possession. If the premises are covered under Rent control legislation, you can file the eviction petition without any legal notice. If the premises are not covered under rent control act, you have to terminate the lease by giving a notice as per written terms of lease if any and in the absence of written agreement a 15 days notice to terminate the lease. In the former, your personal requirement is a ground to file eviction petition but you donot require any ground to file a suit for possession if it is a monthly lease. As far as requirement of draft of the notice to terminate the lease, your lawyer, who eventually you are going to engage, shall be best person.
joyce (Expert) 15 October 2009
Agree with Harbhajan singh
Sachin Bhatia (Expert) 15 October 2009
In order to evict a tenant who has violated the terms of the lease, such as continuing to live on the premises without paying rent, the landlord is required to follow a precise legal procedure. The specifics vary from state to state, but generally all laws require:

1)a legal purpose for eviction
2)notice to the tenant
3)a trial before a judge
4)an order of eviction
5)removal of the tenant

It is better for to engage a local lawyer he will guide in the right direction.
Raj Kumar Makkad (Expert) 15 October 2009
If you provide full facts of your matter, I can provide you the notice which you should send to the tenant so that he may vacate your premises.
Sarvesh Kumar Sharma Advocate (Expert) 16 October 2009
mr. thukral is right.
Prashanth Nyayapathi (Expert) 25 November 2009
Prashati, as I spoke to you, that to give particulars of you tenant, so that a perfect legal notice can be sent and a case to be filed against him for eviction, please do send particulars so as to help you out in your issue,
Prashant


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