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Karthik (Self)     05 April 2012

Tenant not moving out and threatining

Hi Guru's,

I requested to vacate in another 6 months to my tenant , but he is not agreeing and he is telling us that he will be here for the next 3 years and cannot move. He is asking me to what ever I want to do I can do and he will not move out.

I have my agreement document signed by both of us and it stated that I/tenant who is willing to move out or in should give an avance notice of 2 months.

I'm giving him 6 months and he is not ready to move.

Kindly suggest what's the correct process to move him out legally.

 

Thanks

-Karthik

 

 



Learning

 5 Replies

Adv. Sagar R. Jadhav (Proprietor)     05 April 2012

Sir, I think you need to serve a legal notice for eviction wherein you give the tenant about 30-60 days time for eviction. In case if within that period if the tenant does not evict, you can file an eviction suit in the Court. You may give the reason for eviction that non-payment of rent and / or you need the house for your own use, or you need to carry out some alteration work in that house.

Karthik (Self)     05 April 2012

Hi Jagdev,

Thank you for your reply. If I file as non-payment of rent, will I be asked to submit the receipt of the 

rent paid? as I didn't  give him the rent receipt.

Also , the rent is over due in real. Please advise.

 

Thanks

-Karthik

haresh deval (Sr CSR)     06 April 2012

Hello Sir,

We have a property and given to the tenant in the year 1980 on rent but the tenant died. But his wife was not ready to vacat the house, at that time their children were very small, but whever we used to go to ask for rent or vacat the house she used to fight with us. we showed sympathy on her and we were not aware of the law at that time. And also due to some circumstances we were out of state for almost 22 yrs. So they were no proper contact, now when we went to ask them again they said, its on our name now, its our property now, and they also made their ration card, electricity bill on their name. But we have court letter stating that, this property belong to us. And also we have driving licence on that address, and old post card on that address. So please tell us or guide us how to go about it? and how much strong this case is on our favour?

 

Thank You,

Regrds,

haresh deval

I.S.Roy,Advocate (Advocate)     13 April 2012

Dear Sir

First you have to tell what is the amount of rent monthly and at what time the building was constructed, Then I can give you correct advise

 


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