Tenant refusing to vacate the property

Jaya (Querist) 18 November 2013 This query is : Resolved
Hi,

We have rented our apartment in Bangalore for a period of 11 months as per the notarized rent agreement. However, we wanted the apartment for our family to move and start living there. The tenant is refusing to vacate the apartment and making all sorts of stories against us in our mail communication soon after we had given him the notice of 1 month to vacate which stands valid as per the agreement. Also, it is to be noted that tenant has not paid rent anytime on time and has not paid last month's rent too. We had also tried to extend the notice period to give him more time to find another apartment but now he is questioning the agreement validity and asking witness from our side to go and meet him.

Now he is threatening us to not vacate the apartment and log criminal case against us if we call him again to request him to vacate the flat.

We are currently out of India and are unable to present ourselves physically to sort this out.

Kindly suggest as to what is the way out of this situation. Rent agreement attached for reference.

Regards
Jaya
+1-7049071263

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Sudhir Kumar, Advocate (Expert) 18 November 2013
RECORD HIS THREAT .

MOVE A CIVIL SUIT EARLY.

Jaya (Querist) 18 November 2013
Thanks Sudhir for your response. Seeing our current scenario in your opinion how much time would it take to settle this case. How much chances do you forsee that court would give decision in our favor.

Kundan Kr. Singh (Expert) 18 November 2013
if your rent amount fall under rent control act ,then move appropriate application/suit according to Karnataka rent control act before Rent controller. Unless Civil remedy is available.
You may contact any local Lawyer.
In Indian Judicial system Nobody gave exact time for decision of the case. You may appoint attorney for look after the case.

DEFENSE ADVOCATE.-firmaction@g (Expert) 18 November 2013
1) First of all any notarized agreement for lease is not legal.

2) Even otherwise NOTARIES do lot of mistakes while notarizing any document which makes it illegal even if all other things are OK.

3) looking to Indian legal system and since you are out of place it will not be easy to get any solution from courts.

Shashikant V. Patil (Expert) 18 November 2013
First of all send him a Legal Notice before any Civil Court case against him.

Rajendra K Goyal (Expert) 18 November 2013
Well advised by the experts, nothing more to add.

BAALASUBRAMANNYAMM (Expert) 19 November 2013
You have already sent a 2nd legal notice to your tenant. If you made a demand of "vacating your premises" itself is sufficient to file a case against him under rent control Act. Anyhow, if you once file a civil case, it will not be disposed off at an earliest.

T. Kalaiselvan, Advocate (Expert) 19 November 2013
On a 11 months lease agreement on monthly rental basis, a mere notary signature will be sufficient, it wont attract even stamp duty, however you have to send a a proper legal notice asking him to vacate premises complying the conditions of the said agreement, in which clearly mention that he has defaulted the rent payment and also the premise is required for your own occupation. Filing an eviction petition before a court will take a long time to decide, consult your lawyer.

Jaya (Querist) 21 November 2013
Sir, what would you suggest if we contact tenants company hr to convince him to vacate before sending him any legal notice. Can anything bad happen to us legally or otherwise if we do so. Pls advice.

ajay sethi (Expert) 21 November 2013
you can contact company if you so desire to request its employee to vacate your premises

Tenant refusing to vacate the property

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