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Legal service India => Property laws => Topic started by: vinu on February 12, 2015, 06:17:43 AM

Title: Legal Advice - property law - Tenant.
Post by: vinu on February 12, 2015, 06:17:43 AM
Hi,

I have a apartment flat which was converted to commerical and it was rented to a guy on june 2010. He started giving hard time by not paying rent on time paying two to three months later from last year. so I have asked him to vacant by 31st March as the rent deed ends by then. I went personally in Nov-14 and I have provided intimation about vacation in written but he didn't agree to provide a sign as received. later on I am trying to reach him on phone and sms and he is not responding to me. He has given me the Oct-14 rent on 10-Feb-2015 by one of his employee who works in. But he is not getting in contact with me.
In 15-Jan-2015, I have sent the vacation notice via register post as well as courier to the address he has given for the agreement as well as to my apartment.

Please request you to let me know how to proceed further and how much time does it take to get him vacated legally.

Thanks in advance.

Regards,
Vinu
Title: Re: Legal Advice - property law - Tenant.
Post by: advkkreddy on February 12, 2015, 08:36:24 AM
send him a legal notice, first than make a police complaint, if that too does not work file an eviction suit
Title: Re: Legal Advice - property law - Tenant.
Post by: saravanan.s on February 22, 2015, 08:49:19 AM
nowadays police are instructed not to meddle in civil matters like these.so as advised by reddy sir send a legal notice.if he fails to honour it then file suit for dispossesion in the civil court
Title: Re: Legal Advice - property law - Tenant.
Post by: Advocate M.Bhadra on February 22, 2015, 09:16:14 PM
Eviction of Tenant is a lengthy process of laws, however if you would like to vacate your room then you can file a suit for Eviction of Tenant in Civil Court.

-----------------M.Bhadra,advocate at Kolkata,9836589246
Title: Re: Legal Advice - property law - Tenant.
Post by: user9999 on February 28, 2015, 02:36:04 PM
sir,
need a clarification-
if eviction takes a lengthy time and police is not allowed to meddle on these matters..what exactly is the solution for this.i guess there is something more we are missing here that is discouraging owners from having to deal with such kind of a tenants legally..i understand tenancy law is pro tenant - but to what extent?
in my opinion...if a tenant overstays beyond the agreement period...then he is considered a trespasser and so can we not take the help of police.?.why this doesnt work..
Title: Re: Legal Advice - property law - Tenant.
Post by: kphk on February 28, 2015, 11:10:21 PM
file the case in a rent control court as civil courts jurisdiction is ousted. there are some preliminary requirements which you should have followed to file your case in a rent control court. consult a lawyer to find out.