Withdrawal of case against tenant
MOHAMED FIROZ
(Querist) 19 February 2015
This query is : Resolved
A CASE FOR EVICTION WAS FILED AGAINST THE TENANT FOUR YEARS BACK AND NOW AFTER NEGOTIATION HE HAS AGREED TO VACATE THE PREMISE. BOTH THE LAWYERS HAVE GOT SIGNATURES FROM ME AND THE TENANT FOR CLOSING AND WITHDRAWAL OF THE CASE.
PLEASE ADVISE ME ABOUT THE COURT PROCEDURE.
CAN I LET IT OUT TO A NEW TENANT NOW OR SHOULD I WAIT?
prabhakar singh
(Expert) 19 February 2015
Very strange way.A compromise would have been a better way.
As regards to query state rent legislation is required to checked.Consult locally.
MOHAMED FIROZ
(Querist) 19 February 2015
IT WAS A COMPROMISE BASED ON WAIVER OF HIGHER RENT FOLLOWED BY MUTUAL CONSENT FOR WITHDRAWAL OF COURT CASE. PLACE OF DISPUTE IS SALEM IN TAMILNADU
Devajyoti Barman
(Expert) 20 February 2015
After the get the vacant possession of house, it is your choice whether to keep it vacant or give on rent for another time.
You do not need to consult a lawyer for this.
Rajendra K Goyal
(Expert) 20 February 2015
After getting vacant possession you can give it on rent provided no term of mutual agreement is violated.
ajay sethi
(Expert) 20 February 2015
why you w ant to give premises on rent again . you had a herculean task to get your tenant to vacate . if you dont need money dont rent it out
T. Kalaiselvan, Advocate
(Expert) 21 February 2015
First of all confirm the tenant to vacate the rented premises and handing over the vacant possession to you. After that put a lock to your property and then move an application before the rent controller court where the case is pending seeking permission to withdraw the case based on the out of court compromised settlement, once your application is allowed and the case is dismissed, you think about letting out your house on rent again to somebody or not or whether you would like to avoid the previous bitter experiences with the tenant and hence not to rent it out anymore. Your advocate should have advised you properly, are you cross testing your advocate's opinion?
MOHAMED FIROZ
(Querist) 23 February 2015
To: Mr. Kalaiselvan.
Thank you for your kind advice. My query was - is it necessary to wait for dismissal of the case and then let it our for rent? Both me and the tenant have settled under compromise agreement and he has paid me the arrears amount and handed over the key. My lawyer says court order is necessary before letting out for a new tenant
