Vacating a tenant
Siddharth
(Querist) 26 August 2011
This query is : Resolved
We have a shop which we had given on rent and a 11 month lease agreement was signed between us and tenant. At the end of the 9th month we told him to vacate the shop. But he insisted to stay to stay for further 2 months after the lease agreement completes, due to rainy season. for his benefit, we agreed. But now he is not vacating the shop.
Please advice us as how to get him out of the shop as soon as possible.
Thanks in advance.
M.Sheik Mohammed Ali
(Expert) 26 August 2011
you could not expel from tenant without reason, if you want to own occupation of the premises then only file a suit thereafter vacate the shop, even the agreement also expired.
Siddharth
(Querist) 26 August 2011
Thanks for your reply Mr. Ali.
Actually I am a salaried person and want to start my classes in the shop.
Moreover, he had harassed us for rent in the past. Many of his cheques bounced. As per the agreement he has to pay the rent before 10th of every month. Now he is paying the rent on the last day of every month.
Can we use both the grounds of his late payment of rent and starting of my own classes. Please advice. And please let me know how many months/years do such type of cases take to get justice?
M/s. Y-not legal services
(Expert) 26 August 2011
Yes. You can take that two grounds in favour of you. Same time you have to note something with this aspect. I mean if you need your property for your own purpose mean, you should keep any other propertys in your name at the same place. Otherwise you can't sue against him.
M/s. Y-not legal services
(Expert) 26 August 2011
And default in payment will be considered. But whats your steps against the bounced cheques? Right now any arrears of rent caused by tenant? I think, he may be delay in saying rent but no arrear. Am i right?
Dr Anil Kumar Singh
(Expert) 26 August 2011
Dear one I also agree with the experts. But you can file a case for compliance of the agreement/contract. This is why contracts are signed. Secondly you can lodge complaint against him on the grounds of bounced cheques if arrears of the rent are still pending. Give a short notice to him for compliance of agreement else mention that the rent as per new agreement will be thrice keeping in view the recent inflation.
Raj Kumar Makkad
(Expert) 26 August 2011
Issue a notice to tenant telling him of expiry of lease agreement and seek vacation of shop within a stipulated time. Thereafter file the petition seeking vacation of demised property on various grounds s mentioned by you including personal necessity. No much time is required to finalize the case. You can also demand 3 times of normal rent for the period of unauthorized possession by that tenant and deposit of that rent before Rent Controller.
Devajyoti Barman
(Expert) 27 August 2011
issue eviction notice and file suit for eviction on the ground of default and personal need.
