We have issued termination notice to our tenant to vacate by x date but he has overstayed. How much time do we have after x date to file suit for eviction ?
In our case the tenant requested more time and has over stayed for over a year but we failed to file any suit against the tenant. We have not entered into new lease agreement after expiry of previous agreement 20 months ago, expecting that tenant will vacate. We have claimed damages in our notice for every month the tenant overstays but the tenant is not paying any rent or damages. The tenant has instead filed suit for injunction so we cannot evict him forcefully. Can we now file eviction suit after over a year of the old notice on grounds that tenant promised to vacate (we have written proof of same) or do we have to issue new notice before filing suit ? If new notice is issued can we claim damages according to old notice ? Can the new notice be issued as adjoiner to old notice before we file suit so that the new notice does not automatically waive the old ?
Thank You for your valuable suggestions and time,