VKJ (Landlord) 27 October 2011

Rent agreement query

I am a landlord who has rented out one of the floor to the tenant he has been staying from Dec 2006. Rent agreement through notary was only for initial 11 months thereafter he has been giving rent through cheque with increment. I have asked him to vacate the premises several time each time i get the same reply im looking for a new place will vacate in few months. However i see no progress from his end, after almost five year he wants us to have a rent agreement through court on the other hand he says he will vacate the premises.

Kindly let us know is it in out favor to have a rent agreement through court after 5 years and what could be the possible way to evict such a tenant.

I'm seeking forward for our expert advice on this issue.

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4 Replies

M.Sheik Mohammed Ali (advocate) 27 October 2011

rent control act allways favour to tenants, you must put your query before thecourt strongly. then only evict fromt the tenant.

H. S. Thukral (Lawyer) 27 October 2011

Kindly ignore the advice of Mr. Mohmd. Without even knowing whether the rent control act is applicable in your case or not he has opened his mouth.

Pl let us know the amount of rent and mode of payment of the same in the past?

Sankaranarayanan (Advocate) 27 October 2011

you should not entertained him ,when he started to give the rent by cheque with increment. That time itself you could have serverd the notice by any lawyer for the same then it may be settled by this time. You said the agreement was made by 2006 for 11 month, once the 11 month over the agreeement is automaticaly came to end. Then Why you kept him long days .

So most of the part of mistake by your end too. so keep the advise given by mr Harbajan whether the control act is applicable for your case or not then go further.