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ThulasiThulasi (House Wife)     25 April 2010

Tenant not vacating the shop

Hi all,

We have a shop at our native place. We have given it for rent 8 years back with an agreement ffor 3 years which is not renewed.

Now the tenant is not giving rent regularly and is not vacating the shop and he is not interested in writting an agreement for 11 months.

Tried by political influence but he has more influence than us.

Tried by putting a case on him but that too did not work out since he has a close relative in police department.

Came to know that he is looking for money from us and even threatening us by bring some influenced people.

Now how do we proceed. Being a lady I am helpless, please help me out from this situation. That is the onl means to my livelyhood.

The people whom I know says that filing the case in court would take lot of time.

Please help me out.



Learning

 10 Replies

Vipin Sharma (Advocate )     25 April 2010

Well u didn mention State u residing but  Information  provided by you base on  that info u have to give notice to tenant informing him about Default in rent  more then 4 month ,through Lawyer.

 

.

Rakesh Shekhawat (Advocate)     25 April 2010

Tulshi Ji

how you can blame ur tenant for using unfair means while you are also using same. You have no other option except to choose legal proceeding.

Pattu Kutty (none)     26 April 2010

hello thulasi,

 

Iam also in the same position. just file an eviction notice through a lawyer, this will take a nominal fees. tell the lawyer everything right from the beginning as it would help u a lot. so filing a notice against him, in the court is the only option available. please do not delay as this is very important to lone women like you. All the best

PKUMAR GARG (SR. MANAGER-ERP FI)     26 April 2010

Thulasi ji,

Please immediatly serve a notice to vacate the premised through Lawyer. It is a well settled law that after the period of agreemenet is over a tenant is merely a tresspasser. Even after notice if the tenant does not vacate file a suit for eviction and also for damages. I am sure you will get relief to your satisfaction.

advocate jain (advocate)     26 April 2010

 i agree wth mr pankaj

Sushil Kumar Bhatia (Advocate)     27 April 2010

If the tenant in default of rent  a notice to quit can be given after termination of his tenancy you can file a suit fof recovery of rent and his ejectment in Judge Small causes court if the shop governed by your state rent control act then suit can be filed under the act consult with rent control expert lawyer of yoiur city

ThulasiThulasi (House Wife)     29 April 2010

Thanks alot for your immediate responses.

I reside in Andhra Pradesh. I would immediately consult a lawyer and send a notice to him.

But how long would it take to make tenant vacate the shop?

Thanks in advance.

-Thulasi

s m basha (account officer)     02 December 2011

respected.sir

i am s m  basha working  .air force.

i had given my home for rent  8 monts back ...the tentant  agree to pay  3300 rent and all other expenture

in this home .........the tentant only paid me advance 3300 fist month .after that   i dont recived single rent form  tenant   i job is   trasarable  .............when i come to leave   i vist tenant home ..........and order them  to vacat

thessssssssssssssssssssssssssssssssssssssssssss housssssssssssssssssssssssssssssssssssssssssssssssssssssssssssssssssssssssssssssssssss

I.S.Roy,Advocate (Advocate)     02 December 2011

Dear Sir,

Whatever all our friends advised but first you must mention in which state the said shop property situate and in which year the said shop constructed and what is monthly rent that you are receiving. Hence, I will give you appropriate advice because evicting a tent is not so tough work through the court. You should also mention the terms of your agreement

with regards

I.S.Roy, Advocate

Pankaj   18 November 2015

Dear Sir,


My uncle had shop at my native in MP ,the tenant is using shop from last 30 years .Now my uncle is retired and he want to do some business from that shop.Tenant was not paying the rent on time ,but when we sent the notice he sent all the dues.But tenant is not vacating it.We filled the case in lower court also.But court had dismissed the case saying you have another shop in back side.

But that shop has no light and that can be used for godawon.We want to use for retain purpose.Kindly suggest how to proceed ahead in this case.


Thanks


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