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Shambhu Sahu   22 June 2020

Licensee not vacating the premises

Tenant / Licensee not vacating the premised and not paying rent since 3 months


Quick Summary
If a tenant or licensee is not vacating the premises and has not paid rent for three months, you have legal recourse. It's advisable to have had a rent agreement in place. You can issue a legal notice for rent arrears and termination, demanding vacant possession. If the agreement has expired, the person is no longer a tenant. You can also file a police FIR for offences like trespassing or cheating, or a private criminal case if the police don't act. Consulting a local advocate is recommended for tailored advice and to explore all available legal avenues.

 5 Replies

Salim Khan   22 June 2020

you can give him legal notice.you should have got rent agreement before you proceed.you can also file case against him before rent control officer.

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108)     22 June 2020

Originally posted by : Shambhu Sahu
Tenant / Licensee not vacating the premised and not paying rent since 3 months

 

1. Tenant does not remain Tenant, AFTER Rent agreement has expired.

2. You can file a Police FIR, requesting investigation and charge-sheet, for offences like Trespassing, Cheating, Intimidation, Fraud, Breach of Trust, Mischief etc.... against the person, supported with all relevant supporting Documents, Evidences & Witnesses.

3.  IF the Police does not take action, THEN you can file private criminal case u/s 156(3) Cr.P.C., in the local Magistrates court, seeking directions to the Police to investigate and file charge sheet.  The said Person may come down for settlement.

Keep Smiling .... Hemant Agarwal
VISIT: www.chshelpforum.com

Dr J C Vashista (Advocate)     23 June 2020

Issue legal notice for payment of arears of rent and termination of rent agreement (if still in vogue) calling the tenant to handover physical vacant possession.

You have concealed all relevant facts for forming proper opinion and oblige.

Where is the demised property located, what is the period and rate of rent, whether the rent agreement is registered or notarised, ? 

G.L.N. Prasad (Retired employee.)     23 June 2020

Contact local Advocate, as there may be such other ways also in addition to giving eviction notice, filing suit etc.,

P. Venu (Advocate)     23 June 2020

The facts posted constitute grounds for seeking eviction. Initiate the proceedings before the competent jurisdiction. 


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