Raj Jha (cs) 21 September 2015
Dear Sir,
A premise has been rented to tenant for residential purpose in West Bengal. No agreement/paper is signed. The tenant is residing for 18 months. The tenant is reluctant to vacate the premise. Pls advise what legal action can be taken against the tenant to vacate the premise.
saravanan s (legal advisor) 21 September 2015
send him a notice to vacate the premises within fifteen days (as no agreement is worked out) as you need it for your bonafide personal use.if he fails to do so file a eviction suit
adv.raghavan (Advocate,9444674980) 22 September 2015
If he is paying rent in the form of cash and no receipt was issued in this regards you can initiate proceedings under IPC 441, 341. You can also initiate civil proceedings to evict him.
YOGESHWAR. (ADVOCATE HIGH COURT-criminal /civil -youract@gmail.com) 22 September 2015
It is not that easy.
1) Any lease above one year has to be by registered document only . In absence of any such deed the word of tenant will be accepted for terms.
2) If the landlord is not issuing rent reiepts or not maintaining rent account than it is criminal offense in many state rent acts.So the landlord may even not be paying taxes.
More ever even if default in rent is tehre it will not e accepted in court.far want of accounts and rent reciepts.
So make amicable settlement and get it vacated.
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