I am the owner of a society flat in Gurgaon. I rented out my flat on 11 months lease. Lease did not have a renewal clause. A new 11 months lease was signed after expiry of first lease. There was no gap in the two leases. New lease also does not have renewal clause. So the two leases are from April to March and then from March to Feb. Tenant has paid all rents by cheques.
I served a notice to tenant to vacate the flat and that lease will not be renewed. But he did not vacate and asked for more time verbally. Is it really necessary to send a notice when the lease has no renewal clause?
He is still in the flat and paying rent by cheque since 2 months. Probably I should not take cheques or even if I take I should not deposit them in account so that I can claim that he is not paying rent. Right? Can I do that? Does this help? Well, I have 2 months of rent as security and monthly rent payment separate, which are also documented in the lease, but he might claim the security, later, as rent adjustment even if I don’t deposit the cheques. Can he?
Is it not my right that I have my flat back after expiry of the lease? Do I need to have a reason like I want to occupy the property, some work to be done, …… to ask/force a tenant to vacate? Well I, the owner, am an NRI who is going to visit Gurgaon in August for one month. Can this be the reason? Various matters related to leasing are handled by my parents.
How should I proceed?
Thanks.
