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Chitfundvictim (Software)     31 August 2016

Evicting a tenant

Dear Sirs,

I rented my apartment to a sikh gentleman running a small business near my flat for about 15,000 per month. We entered into a rental agreement at the begining of the tenancy, however, the agreement was not registered. As a part of the agreement, the tenant was supposed to pay was rent in advance for each month, together with a security deposit of one month' rent.

The tenant has never paid us full 15,000 in rent and instead has been depositing 10,000 off and on after many many follow-ups. He has also been creating noise during nights for which the neighbors have complained to us. Now, owing to all these issues, we recently made a sale of the property and entered into a sale agreement with the buyer.

We plan to register the property in the name of the buyer in next 10-15days. However, the tenant is not vacating the apartment, despite multiple follow-ups and has not paid a full month' rent(leave alone the security deposit of 1 month) 

could you suggest the best legal remedy to deal with this situation and evict the tenant so that we complete the sale successfully?

regards



Learning

 5 Replies

KS Johal   31 August 2016

Technically the new buyer will not buy your property with the existing tenant. If your tenant has not been paying rent as was agreed then you have a right to make an order in the court for him to be evicted. It is important that you seek legal advice, otherwise if you feel you are competent then you need to make an application to court to evict the tenant with the appropriate paperwork that is necessary. It should be a straightforward procedure to evict your tenant provided he has breached the tenancy rules.

P. Venu (Advocate)     31 August 2016

Any solution depends upon the attitude of the buyer towards the subsisting tenancy and the tenant. 

saravanan s (legal advisor)     31 August 2016

if the buyer is ready to buy the property then you can proceed with the sale.you need to send him a notice regarding the change of ownership so that the new buyer can exert his rights as a owner

Kishor Mehta (CEO)     31 August 2016

Sir, You have not informed the State you belong to, each State has its own Rent Act. The terms of the agreement and the relevant Rent Act only can decide the outcome of your case. Good luck, Kishor Mehta

Kumar Doab (FIN)     31 August 2016

You can benefit from th advise of experts.

 

Hope you have been irrefutable record of breach/payments/rent reciepts etc. 


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