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yogesh sheth (director)     19 July 2022

Getting back possession of flat given on leave and licence basis

I have given my flat on rent in Ahmedabad on leave and licence basis but the tenant is not paying rent since last three month, avoiding meeting me and my phone calls. I have served a legal notice for possession but in vain. Iam having notorised leavevand licence agreement which is expiring this month. As the tenant is not responding properly iam intending to take back the possession by takeing leagal step so please suggest me the best remedy. 


 1 Replies

Anusha Sharma   19 August 2022

An eviction notice must be filed in a court of competent jurisdiction, stating the basis for eviction as well as the time and date by which the tenant must leave the property, and it must then be issued to the tenant. The landlord must allow the tenant a reasonable amount of time to quit the rented property.

If the eviction notice is served, the tenant may refuse to leave. The landlord then files a suit in the court for ejectment of the tenant. It is advised to take help of professionals/law firms to draft and file the petition. A lawsuit is filed in the appropriate court within whose jurisdiction falls the rented property.

There are various grounds available to a landlord for evicting the tenant, like:

  • Violation of terms of the agreement by the tenant
  • Personal Necessity of the landlord – the property is needed for personal use
  • Non-payment of rent
  • Premises has become unsafe for human habitation and needs repair
  • Property is needed for renovation or alteration

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