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Nikhil SHETTY   22 August 2023

rent agreement

sir, I am very much dissapointed with my tenant we are basically from poor family we have let out the house for rent , the tenant is rude and not paying rent at regular intervals we are much dependent on this rent...

Here my question what is ideal time to serve notice to him still 2 months left before the agreement gets lapse ?


 16 Replies

Ajai Kumar Yadav   22 August 2023

after the rent agreement duration is over you may serve them legal notice to vacate your house

kavksatyanarayana (subregistrar/supdt.(retired))     22 August 2023

An eviction suit also be filed if necessary after giving legal notice.

Nikhil SHETTY   22 August 2023

sir I am very much worried about the fact, few of my lawyers adviced that after filing civil suit . it would take nearly two years to get final judgment

T. Kalaiselvan, Advocate (Advocate)     22 August 2023

If your rental agreement was by a registered document, then as per latest rent control act, your case should be disposed expeditiously i.e., within 6 months.

You wait for the expiration of the current rental agreement and then issue a legal notice if he is not vacating but do not renew the rental agreement for whatever reason.



Sidhhi   22 August 2023

If you have given on rent and don't wish to extend the L&L agreement further you can consider giving him advance notice to vacate the accomodation by the given date mentioning that there won't be any extension. Generally crooked minded licensees don't leave on some pretext or other and create lots of hassle.

Laxmi Kant Joshi (Advocate )     22 August 2023

If the tenant is violating the terms and conditions of your registered /notary rent agreement then you can send him a legal notice to pay the rent timely and to follow agreement rules otherwise you will vacate your property from him . As you said the agreement is expiring in 2 months then wait for 2 months after that tell the tenant to vacate the property , don't renew the agreement with him .


Nikhil SHETTY   22 August 2023

sir is there any problem ,if I give legal notice before 2 months before expiring of rental agreement

Advocate Bhartesh goyal (advocate)     23 August 2023

No, you can send legal notice to tenant before expiry of tenancy period if he is violating terms and conditions of rent agreement. 

Dr. J C Vashista (Advocate and Legal Consultant)     23 August 2023

You should issue notice before expiry of period of rent.

Real Soul.... (LEGAL)     23 August 2023

You can serve the legal notice now, and even if your tenent files case he has to deposit the rent in court regularly. 

Nikhil SHETTY   23 August 2023

sir , is there any way that tenant can lie us through notice reply by stating that he needs more time to vacate ...and still not vacting

Avril Lavigne   24 August 2023

Here's a general outline of steps you might consider:

Review the Lease Agreement: First, review the lease agreement you have with the tenant. This agreement should outline the terms, including the notice period required for ending the lease.

Check Local Laws: Different jurisdictions have varying laws and regulations regarding tenant-landlord relationships, including eviction procedures and notice periods. Research your local laws to understand the legal requirements for serving notices and evicting tenants.

Document Issues: Keep records of any communication with your tenant, especially instances of late rent payments, rude behavior, or violations of the lease terms. Documentation can be valuable if you need to show cause for eviction.

Serve a Formal Notice: If your tenant's behavior continues to be problematic, you may need to serve them a formal notice. The type of notice and the required time frame can depend on your local laws. In many places, a "Notice to Quit" or "Notice to Pay Rent or Quit" is required before proceeding with eviction.

Follow Legal Procedures: When serving the notice, be sure to follow the proper legal procedures. This may involve delivering the notice in person, sending it via certified mail, or following other methods specified by local laws.

capybara clicker: Given your circumstances, it's strongly recommended to consult with a legal professional who specializes in landlord-tenant issues. They can provide you with accurate advice based on the laws in your area.

Prepare for Next Steps: If the tenant does not comply with the notice and the situation does not improve, you may need to initiate eviction proceedings. This process can vary widely depending on your jurisdiction.

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     27 August 2023

Paying past and curret rent and vacating the premises on the expiry of the leave and licene/tenancy agreement are two different issues. Do not mix them up. Give notice now itself to vacate the premises on the expiry of the agreement.

LCI Thought Leader Rajesh Tandon ( Col (Retd))     08 September 2023

  • In India, largely the grounds on which tenants are evicted are as under :-
  1. Landlord/ House Owner requiring the property due to his own requirement or for members of his family . This could include needing the property to live in themselves, to use for business purposes, or to carry out repairs.
  2. If the tenant has rented  out the house// flat/property to another individual without the permission of landlord/House Owner.
  3. If Landlord/ House Owner plans to build another structure which will require properties destruction/Demolition ( Eg;- Sec 20 of Maharashtra Rent Control Act)
  4. The tenant has committed a breach of the rental agreement. This could include failing to pay rent, damaging the property, or using the property for illegal purposes.
  5. If the tenant is creating nuisance and the Landlord/ House Owner has received complaints against tenant.
  6. The tenant has been convicted of a crime that makes them a danger to the landlord or other tenants.
  • Like in the state of Delhi, the ground for eviction of tenant are well covered  from sec 14 (1) (a) to  sec 14 (1) (a) of Delhi Rent Control Act. Therefore it would be prudent to check the Rent Control Act of the state in which your house/property is situated. As such, if you are considering evicting your tenant, it is important to speak to an advocate of the city wherein your property/house is situated to discuss your options. An advocate can help you to determine whether you have a valid legal reason to evict your tenant and can also assist you with the eviction process
  • In your case, it is likely that you would be able to evict your tenant for non-payment of rent. However, it is important to note that you would need to serve the tenant with a notice to quit before you could take any further action. The notice period would vary depending on the state in which you live.
  • If the tenant fails to vacate the property after the notice period has expired, you would then need to file a case in court. The court would then decide whether or not to evict the tenant.
  • The point is in which state /Union Territory, your House/ property is situated in?. The central government brought a good legislation of Model Tenancy Act  in 2021. On June 7, 2022, it was circulated to all states and union territories 'for adoption by way of either enacting a fresh legislation or amending existing rental laws suitably'. However only four states have i.e., Andhra Pradesh, Tamil Nadu, Up & Assam have adopted Model Tenancy Act.
  • If at all your property in question is in the four states of Andhra Pradesh, Tamil Nadu, Up & Assam, the eviction of tenant might be easier for you under chapter V of Model Tenancy Act   which specifically deal with Eviction & recovery of Posession by Landlord, where by Sec 21(2) (a) specifically mentions one of the grounds of  eviction  by Rent court as tenant not agreeing to pay the rent  payable under sec 8,   wherein, sec 8 of the said act   dealing with rent Payable mentions, Quote, “ The rent payable in respect of a premises shall be the rent agreed to between the landlord and the tenant in accordance with the terms of the tenancy agreement.” Unquote.
  • Also much depends upon how well drafted are the clauses of your agreement to protect the interest of the landlord and tenant  eg :-
  1. Amount of rent,
  2. Security deposit and other payments.
  3. Mode of Payment.
  4. Due date of payment
  5. Rent Increase
  6. Term and renewal clause
  7.  Fittings and Fixtures Clause
  8. Restriction Clause
  9. Move in and Move out Clause
  10. Cleaning and Maintenance Fees
  11. Other Charges and Conditions of Occupancy this

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