Premises was letout on tenancy basis and the tenant who was carrying on business has locked the prem
B Pompana Gouda
(Querist) 03 April 2015
This query is : Resolved
Premises was let out on tenancy basis and the tenant who was carrying on business has locked the premises since more than 8 months.
The premises measuring more than 2,000 Sq., Feet commercial premises and whether proceedings under O.S., for eviction to be filed or H.R.C., proceedings for recovery of arrears of rent and for eviction to be filed.
Kindly advise.
Devajyoti Barman
(Expert) 03 April 2015
If the tenant is defaulting in payment of rent, the landlord can file a case for his eviciton.
Dr J C Vashista
(Expert) 04 April 2015
What are the covenants of lease and licence agreement? Has the tenant defaulted in payment of rent?
How you are concerned?
What do you mean about "proceeding under O.S., for eviction to be filed or H.R.C...?" abbreviated for OS and HRC?
Rajendra K Goyal
(Expert) 04 April 2015
Author need to reply the questions raised by the expert Dr. Vashista ji.
ajay sethi
(Expert) 04 April 2015
issue legal notice to tenant to pay arrears of rent . file suit for eviction on account of non payment of rent
alexander
(Expert) 04 April 2015
Well advised by Shri Barman and Shri Sethi. What does your lease agreement say about this. Include the clause of " premises required for personal Use" What is the duration of the lease agreement. You may add that since he has kept the premises locked for more than 8 months, the tenant obviously has no necessity or use of the premises and is just doing it to thwart your plans to use the premises for your personal use . A local lawyer should be engaged.
Alexander
nom de plume
prabhakar singh
(Expert) 04 April 2015
Not only terms of lease but also state rent Act of the concerned state has to be looked into as in many jurisdictions non occupation
for more than 4 months by tenant does afford ground of eviction to landlord.
Better visit a local rent Act lawyer.
T. Kalaiselvan, Advocate
(Expert) 08 April 2015
The default in rental payment can be sufficient to file an eviction suit, consult a local advocate and proceed as per his further advise.
