draft of recovery rent&eviction letter/notice to leasee

AJIT KAWATKAR (Querist) 17 June 2008 This query is : Resolved
on oral agreement of lease for 11m. alady sr cetizen gave ownership appmnt to a family. the lone earner commited suiside just before LL period was over. on pleading-humanitarion gr his wife&2 smoll children were allowed to stay for some extended period. now almost 1-1/2yr are over she has not paid agreed rent&relactant to even vacate the appmnt. can you provide me THE DRAFT for RECOVERY-of arrears&possession in absence of any written agreement dont she be called as TRESSPASSER -then also have i to give notice to her ?

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Guest (Expert) 17 June 2008
Ajit,

you have to study the State laws on rent and know the impact of the various provisions therein.

For example law on rent is different in Karnataka and Delhi.

So better go through the law of the state before drafting a notice. Finally such notice what you intend to give must be in compliance with the law of the jurisdiction.

AJIT KAWATKAR (Querist) 17 June 2008
this is in the state of maharashtra.

Srinivas.B.S.S.T (Expert) 17 June 2008
YOu have to issue eviction notice under section 106 of the act giving her a calender month time to evict and handover the premises, wherein you can claim arrears of rent also. But be careful once you are issuing notice and demanding rent from her you are admitting the tenancy. Court do consider oral agreements also when there is proof of you accepting the tenancy. In the absence of the same she can be called as a squatter. For starters try to lodge a police complaint. Give a letter to the electricity people to disconnect the power supply and takeover the electricity meter.May be she will come forward for a settlement. Trust me filing a suit means you must leave your hopes on the building for another seven or eight years.

arunprakaash.m. (Expert) 18 June 2008
She got implied authority from you to stay in your house. She is not a tresspasser. You can file eviction petition to the concered court at your hometown for the eviction of the tenent.

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