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Author Topic: Tenant not vacating house after expiry of rental agreement.  (Read 115 times)

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Offline pkshashidhar

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11 month agreement expired in Sep 16 and since then we have been asking to vacate and the tenant is refusing to vacate. He is paying rent regularly till date. We have to move into our own house as I am getting retired from a govt job(the tenant is informed about this right from day the agreement was signed).  Tried every thing to convince him verbally but he is refusing to vacate. We are trying to avoid to full extent involvement of police/ lawyer/ courts.
1. Legally how do i proceed to vacate the tenant without making the issue more bigger?
2. He is known for evading legal notice with reasons like door locked/ concerned person not available at premises , but not willing to accept or refuse the notice. In such case is it a good option to take a lawyer along with me to serve the notice personally him? or even stick the notice to the main door?
3. Is it good option to send legal notice to him via registered post, through the company address he is working for?
Thanks in advance.

Offline adv.amarnath

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Re: Tenant not vacating house after expiry of rental agreement.
« Reply #1 on: May 01, 2017, 09:39:31 AM »
1. Legally how do i proceed to vacate the tenant without making the issue more bigger?
Ans: You can send him a notice to quit and vacate. At a same time you cannot take monthly license fee. On failure you have to file eviction case.

2. He is known for evading legal notice with reasons like door locked/ concerned person not available at premises , but not willing to accept or refuse the notice. In such case is it a good option to take a lawyer along with me to serve the notice personally him? or even stick the notice to the main door?
Ans: Stupid lawyer will agree to go with you to serve notice. In case of eviction of licensee, no notice is required rather directly case can be filed before civil court.

3. Is it good option to send legal notice to him via registered post, through the company address he is working for?
ans: You have to send notice at licensed portion. Notice to any other address will be invalid. Though sending notice is not compulsory in case of eviction of leave and license.

For further consultation in details you can contact me
Regards,

Amarnath Sanyal
Advocate
Email - adv.amarnath.sanyal@gmail.com
Mob - 09830303322

 

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