Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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Ramesh (Na)     13 December 2013

time between notice and eviction suit

Greetings,

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,

Ramesh.



Learning

 4 Replies

Ramesh (Na)     14 December 2013

Has anyone here faced a similar situation ?

Can you provide any ideas or suggestions please ...

Thank You,

Ramesh.

Bobby Mani T (Lawyer)     15 December 2013

Eviction notice is not sufficient  to evict a tenant.  You have to file a petition under Rent COntrol Act before the rent control authority.  I am not wellversed with all the Rent Control Acts in India, but according to Kerala ACt only the groudns of arrears of rent and subletting needs mandatory notice.  All other grounds can be filed without notice.

Ramesh (Na)     15 December 2013

Thank You Bobby for your reply,

Can someone kindly inform me how much time do we have after expiry of issued notice to file a suit for eviction based on the notice ?

If it has to be filed within one year and we have not done it, do we need to issue fresh notice with demands of damages as claimed in first notice ?

Thank You,

Ramesh.

 

Ambuj Sharma (Software Engineer)     01 August 2014

Is there any particular timeframe as per the law which needs to be given to the tenant to vacate the premises or respond. Can a landlord give 7 days notice to the tenant of a commercial shop which comes under DRC?

 

Ramesh - could you please tell me how much time you had given to your tenant in the legal notice to vacate the premises?


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