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kumar (clert)     15 May 2016

House not vacating which was given for lease

Dear sir, I would like to know the steps which can be taken legally to proceed for the following problem. My father is senior citizen and i am physically challenged. My father has a property with 2 floor, we are staying in first floor. We have given ground floor with 2 portions for lease in year 2008 for 3 years agreement amount 280000/- to the first party and agreement made. After 3 years we request whether you would like to stay or not further, they requested to stay for 2 years by giving another 50000/- with agreement renewed. During this time another portion house was vacated where another party was staying and this time the first party requested another portion also for 2 years. We accepted for the amount totally for 690000/- for the first floor. the duration was upto Oct 2012 - Oct 2014. The agreement was not made with mutual trust but the above amount has given by them to us. Oct 2014 was over we also didnot ask them, they also didnot responded. When we requested to vacate the first floor in august 2015, they are not properly responding and telling we have not getting other houses for lease or rent and we will vacate within one week,month like that.It is now 10 months, they have not yet vacated. They does not have the new agreement and have only old agreement. I request you to all what steps can be taken legally to proceed. Regards kumar



 1 Replies

Prem (CEO)     15 May 2016

Dear Friend, I had a similar issue. I won the case after six years.

But it would have taken much less time of the counsel was competent. He was very casual and did not attend the court and committed for lot of evidences which were not required.

You may consult a council, give a notice for 2 weeks through registered post as well.

The tenancy in absence of written agreement is considered as monthly tenancy, Hope the guy is giving rentals.

You may have good counsel, you dont need an expensive.

Makre sure you read the matter and notice, and it is to the point.

Also you must attend each and every date in the court as most of the time our own consel do not attend the court.

It may not take you more than a year to get that evicted. Go by system and under the advice of a legal counsel.

You may not have to pay too much money


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