To vacate tenant
DILLI BABU S
(Querist) 15 June 2012
This query is : Resolved
Hi,
our tenant 60 years old with three sons refusing to vacate means lot of excuse from our side last 2 years asking regularly 3 months every time with writing, tenant she was staying last 10 years, how to approach her.
R.K Nanda
(Expert) 15 June 2012
Issue a legal notice to tenant to vacate the tenanted premises in 30 days time.
Adv.R.P.Chugh
(Expert) 15 June 2012
Issue a notice u/s 106 TPA asking to vacate within 15 days - in default you'd have to seek eviction through court.
The aforesaid is the general principle - state which state the matter pertains to because rent acts differ
Devajyoti Barman
(Expert) 15 June 2012
You need not approach anybody.
You have to first one clear month notice under the particular Rent Act like section 6 of WB Premises Act.
On expiry of notice period you are free to file a suit for eviction on various grounds including reasonable requirement of the tenanted premises.
Parveen Kr. Aggarwal
(Expert) 15 June 2012
In case Rent Act of the concerned State applies to your property, then you will have to proceed in accordance with its provisions. Generally no notice is required to be served on tenant before filing of Eviction Petition under the Rent Act. But if the Act which applies to your property requires such service of notice, you would have to serve it.
In case of Eviction Petition, you would have to cover your case under any of the grounds of eviction specified under the relevant Rent Act.
In case none of the Rent Acts apply to your case, then you can serve notice under section 106 of the Transfer of Property Act, 1882 and thereafter file a civil suit for possession.
