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Ram (Technical lead)     17 April 2023

Tenant is not vacating the house since last 4 months

Hi,

 

We have bought a house last year July. Tenant was staying in the house and agreement with the old owner was till 31st December of 2022.

As we wanted to shift to our new house we have given two months notice to her mentioning she has to vacate on 31st December 2022.

When we asked her to vacate in first week of January 2023,  she said she wants 3 more months as she was not finding the house. So, agreed with the condition that she has to vacate by 10th April 2023.

When we asked her on April 10th 2023, she is saying that she needs 2 more months time to vacate and she doesnt leave, we can do whatever we want to do. When we forced her to go she has given complaint in Police Station mentioning we are torturing her. We also gave complaint on her as she is not vacating.

Need your suggestion on how can I vacate her from my house? Looking for your advise.

 

Regards

Ram



Learning

 10 Replies

kavksatyanarayana (subregistrar/supdt.(retired))     17 April 2023

File an eviction suit in court.  Consult a local lawyer.

1 Like

Advocate Bhartesh goyal (advocate)     17 April 2023

Yes,you have to initiate legal action against her ( tenant ) for recovery of tenanted premises.Consult to local lawyer for appropriate action.

1 Like

Ram (Technical lead)     18 April 2023

Thank you sir. If eviction suit is filed, how long it takes to vacate her approximately?

Dr J C Vashista (Advocate)     18 April 2023

No one can predict qua time to be taken in delivery of verdict.

 

1 Like

Siddhi   18 April 2023

Did you registered LL agreement. Many fools don't and suffer.
1 Like

T. Kalaiselvan, Advocate (Advocate)     18 April 2023

This is not a criminal offence, you may have to approach a civil court/rent control court alone for evicting her.

If the original rental agreement was executed by a registered document then you can file an eviction petition as per the latest rent control act whcih will enable you to get her evicted expeditiously. 

1 Like

Ram (Technical lead)     19 April 2023

Hi,

Agreement was done by old owner(seller). As we wanted to move to the house, we didn't make any agreement. Just we have been asking her to vacate.

T. Kalaiselvan, Advocate (Advocate)     19 April 2023

You have not replied that if the original rent agreement was executed by a registered deed or unregistered document.

Because to file an eviction suit the rental agreement should have been executed by a registered document alone.

Legal Upanishad   19 April 2023

The landlord is the lessor whereas the tenant is the lessee, who is bound by a contractual relationship. A landlord is someone who owns one or more properties, such as flats or apartments, and leases such property to tenants. The landlord leases his property to a tenant by way of a tenancy agreement. While it’s typical that a lessor owns and maintains the residential property, the term can also be applied to the owner of commercial real estate.

The term landlord represents any person who under a contractual relationship is receiving, or is eligible to receive, a rental fee in respect of any properties, let for residential or commercial use, either for himself or on behalf of someone else, who would so receive the rent if the premises were let to a lessee. In this article we will be discussing the Legal Rights and Duties of Landlords in India.

 

1 Like

Ram (Technical lead)     19 April 2023

Hi Sir,

Rental agreement is written on the  Rs.100/- bond and notarised by the advocate. I am not sure if it's registered agreement or not.

Regards,

Ram


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