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gcretro   03 August 2017

Need advice - tenant not ready to vacate at lease expiry?

Location: Chennai.
My father (70 years old) has rented his flat since Jan 2015 in 11 month leases. The present 11 months lease ends Oct 31st. Lease was not registered. Lease states 90 days notice to vacate from either party.  Lease was on stamp paper and signed by both my father (owner) and teant.  The current lease, my dad has a photocopy of the lease, original is with tenant.

1. With the lease ending Oct 31, we don't want to renew it further for personal reasons (My father wants to move into that flat, since his other flat is very old).  

2. My father first tried to talk to the tenant verbally on phone and wanted to meet. But tenant is avoiding. We suspect, he will want more than 90 days (as much as 4 to 5 months) notice (OR worst case he may say he is not ready to vacate...).  My father is still trying to meet and talk to the tenant patiently. 

 

Any advice how we should approach and who can help? Also how should be communicate our decision of not renewing the lease and giving notice?

 

Thank you

 

 



Learning

 7 Replies

Kumar Doab (FIN)     03 August 2017

One prepesctive is felt by your father; meet and settle amicably. Involve other elders of family/society.Help and suggest other vacant flats. Build evidence of approaches and requests made by you.........

Other Prespective; Handover the matter to a local senior very able counsel of unshakable repute and integrity specializing in such civil matters and proceed to evict....

Advocate Bhartesh goyal (advocate)     03 August 2017

Agree with expert Kumar Doab.

Kumar Doab (FIN)     03 August 2017

Thanks for agreeing Mr. Bhartesh Goyal.

gcretro   03 August 2017

Thank you, Yes, my father (with my mon) is trying to meet him amicably and ask him how much more time they need beyond Oct 31 lease end.

Now, there can be few possiblities from that meeting.

a. Tenant says he wants say 5 months beyond current lease expiry of Oct 31.  (i.e. till March end). Should what was discussed be put down in writing? If so how to do it? Is a letter from my dad sent via registered post sufficient stating as discussed... we are giving you till xyz date?  OR should a whole new lease be drafted?

b. Tenant say he cannot give any date to vacate. In this case, should we still send a letter stating we are giving you X months notice (lease ended 31st but we are giving you till say December)

Lastly, any suggesstion of a reliable lawyer in chennai? Some one who can guide initially... Our intention is not to go the legal route first.

Thank you so much.

 

Kumar Doab (FIN)     03 August 2017

To extend the date or not is entirely your father's decision.

gcretro   04 August 2017

If we decided to give the teant X months extension after current lease ends, how should that be documented?  That was my question.  Can we send a simple letter of what was verbally talked via registered post to the tenant?

Also you mentioned, build evidence of approches...any tips on that?  Thank you.

tradesinc (owner)     27 October 2017

under indian legal laws the tenant is fully protected and there is 0 protection for the landlord

even a proof of letter received is enought for the tenant to put a police complaint against the  landlord !!!!

11 months lease deed never expires if under  urban  its automatic renewal

please put only  a 3 month lease deed and make sure you collect the old  original lease deed lease only to corporates

u can fight a legal battle for many years in courts but with a single page the tenant can setaside any orders that is Indian law i learnt all this the hardest way sitting on court benches for a decade the orders arent still passed i never understand the meaning of ache din the common mans last resort is the indian judiciary which is archais obsolete they never pass orders only read numbers for many cases and set fresh dates

this is for all the hapless landlords with kind regards

please move with caution when it comes to tenants ...

https://drive.google.com/open?id=0B--Jc2ljka1oMzM5M0hRcElZTzQ

https://drive.google.com/open?id=0B--Jc2ljka1oM3lYTFNqNmo4Smc


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