Civil Procedure Code (CPC)

Tenant is not vacating


i have a commercial premises in Maharashtra and given for rent for 36 months lock in period which was registered. After one year tenant is saying she is in loss so shewants to vacate and given notice for vacating. But he closed the business not vacated and asking for the deposit. i said  first you vacate and settle the accounts and after deducting the dues i return the deposit.  but he said i am not in town will come next week  etc.......... Now after six months he is not vacated. i send a notice through a lawyer but he chaned his residence. Emailed the notice but no reply. i don't know his present address. now what i do for vacating the premises & to find a new tenant. My family's day to day living depending on from the income from that shop. If i go legal action how much time will it take? He send a person to compromise. he is saying when he closed the business from that time he will not pay rent. How it will possible. he not vacated the shop with his belongings. If he vacated then only we can give to another one. So please reply what is the procedures? 

 
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advocate

since your day to day living depends upon rental income you must compromise and get your premises vacated so that you can find new tanent.. You can get relief from court but it may take long time in your case. 

 
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For immediate eviction what is the procedure. 

For legal proceedings how much time will take.

he is not coming for compormise

 
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Assistant

Is there any writtren assurance to vacate the premises, if not  then legally you have to go to the court. You say his address is not located so in that case for giving the first notice from the court it will atleast take you 6 to 8 months and then the proceeding will start which may go for two to three years. Better find him and compromise. If there is no goods inside the house, then unlock it and give it to someone else.

 
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