Rented shop

jaimin patel (Querist) 26 May 2021 This query is : Resolved
I HAVE PURCHASED A PROPERTY 5 YEARS AGO WITH A RENTED SHOP BY OLD OWNER 40 YEARS AGO. NOW I HAVE TO VACCANT THE SHOP BUT THE RENTER IS NOT AGREE NOR TO AGREE YO GIVE ME RENT AS PER RULES WHAT SHOUD I DO

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If you've purchased a property with a long-standing rented shop and need the tenant to vacate, you'll likely need to take legal action. The first step is to issue a formal legal notice to the tenant, stating your requirement for personal use and demanding they vacate, along with any outstanding rent. If the tenant doesn't comply, you can then file an eviction petition with the Rent Tribunal or Civil Court, citing personal necessity and/or non-payment of rent as grounds. Consulting a local solicitor experienced in rent control laws is highly recommended to navigate the process effectively.

Advocate Bhartesh goyal (Expert) 26 May 2021
Issue legal notice to tenant stating therein that questioned shop has been purchased by you and you require it for your personal use and ask him to vacate it and also pay due rent.If tenant not comply with notice then file eviction petition on ground of personal and bonafide necessity and default in making payment of rent before Rent Tribunal/Civil Court.

kavksatyanarayana (Expert) 26 May 2021
Yes. File eviction suit in the court concerned. consult a local advocate for guidance.

T. Kalaiselvan, Advocate (Expert) 27 May 2021
You may resort to legal action by first issuing him an eviction notice for default in rental payments as well as for own use.
After that you can approach rent controller court with an eviction suit to evict him from the premise.

Sudhir Kumar, Advocate (Expert) 27 May 2021
You have not been able tpo give clear facts.

whethe3r you were aware about the sop whenyou p;urchased.

were you aware what re3nt he is paying.

whether he was aware of change of ownership.

whether he is not willing to pay you any rent or he is now not readey to pay any revised rate.

P. Venu (Expert) 27 May 2021
In either case, you need to initiate action in terms of the Rent Act in force in your State. Nonpayment of rent, by itself, is a ground for seeking eviction.

Dr J C Vashista (Expert) 28 May 2021
Consult and engage a local prudent lawyer for appreciation of facts / documents, professional advise and necessary proceeding for recovery of arrears of rent and eviction as per rent control laws of the state.

ashok kumar singh (Expert) 30 May 2021
agreed with views of earlier experts, therefore no further comments, so far
thanks

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