Tenant not vacate our shop
VIJAY
(Querist) 30 July 2012
This query is : Resolved
RESPECT SIR /MADAM,
MY FATHER GIVEN SHOP FOR RENT ONLY FOR RS.2000 PER MONTH WITHOUT DEPOSIT AND WITHOUT AGREEMENT SIX YEAR BACK. NOW WE WANT OUR SHOP BUT TENANT NOT VACATE OUR SHOP SO WHAT WE DO FOR THIS...
WE ARE FROM MAHRASTRA.
WE HOPE YOU GIVE US THE BEST SUGGESTION REGARDING THIS.
THANKING YOU,
ajay sethi
(Expert) 30 July 2012
it was biggest mistake on your part . you gave premises without entering into any leave and license agreement . nor did you take any security deposit .
payment must also be taken by you in cash .
issue tenant notice for eviction then file suit for eviction .
prabhakar singh
(Expert) 30 July 2012
IS HE PAYING YOU RENT AGREED?
ANY WAY IF YOU WANT TO GET IT VACATED YOU NEED TO SERVE HIM A NOTICE UNDER SECTION 106OF TRANSFER OF PROPERTY ACT READ WITH STATE TENANCY ACT AS HIS TENANCY WOULD BE DEEMED TO BE MONTH TO MONTH,IF NOTICE IS NOT FOLLOWED BY HIM YOU SHALL HAVE TO FILE A SUIT OF EVICTION.IN CASE ARREARS OF RENT IS ALSO THERE YOU SHALL NEED A SUCCESSION CERTIFICATE THEREFOR BEFORE DECREE
OF REALIZATION IS PASSED.
BETTER CONTACT A LOCAL LAWYER AND MR.SETHI IS FROM MUMBAI.