Lease expired and tenant not vacating


Hello Experts,

Im a owner of a commercial building of an inherited property from my father after his death in Tirupur City (TN). I have three shops in that building. In one of the shops, I have made a rent agreement for 3 years and it will expire in two months. It is an unregistered agreement. I dont want to continue the tenancy with the current tenant, I have issued a written notice to him to vacate the premises upon completion of the lease period since Im going to use it for my own business. But he denied, that he wants to continue and will file a petition in court if I didnt agree. He is regular in rent payments, but he has occupied the extra space in the common area for his business which is not mentioned in the lease. I agreed for that but I didnt give any written approval. I dono what to do now.

 

1.       Isnt he liable to vacate the premises at the end of lease period?

2.       I suppose I have to file a eviction petition, but any idea how long it will take?

3.       Is that occupancy of extra space will add more advantage of my side?

4.       Will the Court provide him extra time to continue the tenancy?

5.       I wanted to know when I will get my property back to my procession so that I can plan to start my business accordingly.

 

He has a very sound background. Also I have the original agreement and he has only the photocopy of it.

 

Also I have few more questions

  1. I haven’t made any lease with other two tenants, is that advantage or disadvantage for me?

Note: I was not aware that the rental agreement has to be registered if it is more than 11 months. Just after reading this forum I came to know.

 

 
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legal advisor

the lease agreement needs to be compulsorily registered if its for a year or more than that.your lease agreement is not valid as it is not registered.so to my knowledge it is considered to be statutory tenancy and you can vacate the tenant at will

 
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Thank You Saravanan Sir. In this case what will happen if he approaches the court?

Can anyone please answer all my queries mentioned in the orginal message?

 
Reply   
 

Settling out of court is the best idea if your enter the court then i think atleast 4 to 5 years to eviction orders and if he appeals in higher court other 2 to 3 years to get that settled and then applying eviction which is other 1 year to get your buidling.

Its not easy to vacate boss and that too in non registered agreement with registered agreement and arbitration clause i am stuggling from past three years. 

so without registration you think what will be your case.

VK

 

 
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