Help regarding giving property on rent

If i give my flat on rent after a registered rent agreement.Then what action can we take if a tenant

refuse to vacate the premises after expiry of rent agreement.

Lawyer in

Normally as per agreement terms, either of the party have to give notice for vacate or renewal the agreement.


Jadhav & Associates

Shri Omesh,

If you are going to give your property on rent, you will have to make an agreement. Please put appropriate termination conditions like, the lessee will give vacant possession to the lessor when the agreement is terminated, either because of the completion of tenure or due to notice provided by the lessor as per the agreement. (That is why please mention that the lessee has to provide the lessor with vacant possession without murmur after being served a notice of one month/three months as you deem proper.)

If the lessee does not vacate the premises as per the agreement, you may approach the court which will direct the party to vacate. The court would also ask the defaulting party to pay market rate(mesne profit)  until the lessee vacates the property and will also apply penalty and interest.

If you are very worried, please give the property on leave and licence - the rights of the person taking property on L & L are lesser than that arising out of lease and could be easier to vacate.




Hi Omesh,


 I am facing the situation where my tenant refuse to vacate after 11 months lease and not paying rent for last 5 months, I heard if you go to court then it will take 3-4 years to settle this case.

So please try to settle this outside the court, get help from local powerful people or goons :) if possible. 

we just need to kick such insects out of our home and India government should change the laws to protect the owner of home.






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