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pankaj (DM)     15 July 2011

Tenant not vacating flat

My friend have an lease agreemant executed with his tenant on a Rs 100 stamp paper with signature and thumb impression of both myfriendf and tenant. The agreement was for 11 months and my friend  had already given him one month advance notice as per agreement. But the tenant is not vacating the premises now. what legal action can my friend take  now.



Learning

 3 Replies

Bharatkumar (ADVOCATE )     15 July 2011

U file a suit.  

SekharNSKM (Exe)     16 July 2011

I have let out my property bought us jointly by financing from ICICI Bank in Delhi to my tenant in 2008 with oral agreement for 11 months  @ Rs.3,400/- per month thereafter he stopped paying rent from June, 2009. The reasons told me is having his personal family problems from time to time.  Finally in May, 2011 I came to know he is tried to enquire about my property papers from the Delhi Development Authority. When I asked he threatened me and filed a suit in the court under Rent Controller.  The tenant has cooked up story that he paid a security amount in cash of Rs.2.50 Lakhs.  I dont know how to vacate him.  He has litigated my flat this way.  Kindly advise.

nakul (advocate)     21 July 2011

Only way now is to fight back the suit !! It is default at your end that being a learned person you dint enter into an written rent agreement with the person !! now only recorse left is consult a civil lawyer and fight back which might take some time as its a matter of trial and some paper can be worked out with him!!

Or settle the amount which ever you feel comfortable!!


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