Rent agreement
Mayank Kumar Advocate
(Querist) 26 January 2013
This query is : Resolved
after expired the rent agreement landlord wants vacate the shop from the tenant.tenant is not vacating the shop.my query is here land can take help of police in this case with legally ?
prabhakar singh
(Expert) 26 January 2013
On Expiry of rent agreement,the land lord is legally expected to serve a notice under section 106 of the Transfer of property Act,calling upon the tenant to vacate,claiming arrears of rent,if any,and claiming damages for wrong full use and occupation to be charged @ of covenant in the rent agreement(in case of no covenant, now a rate should be mentioned in the notice as per current rate of rent in area) and if this notice is not complied by the tenant then after passing of a month from the date of service of this notice on the tenant,law gives right to the land lord to file a small causes suit in court for a decree of eviction and damages.
Police can not legally interfere.
Even de facto tenant can not be forcefully evicted by land lord.
Land lord is advised to get in touch of a civil law lawyer.
ajay sethi
(Expert) 26 January 2013
landlord has to take eviction proceedings to evict tenant . he cannot forcefully evict tenant
R.K Nanda
(Expert) 26 January 2013
no more to add.
