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Eviction of Tenant (no rental agreement)

Page no : 2

CommonMann (Software Professional)     23 December 2015

Hi sir, we have our house is indore, and tenant is not vacating it since march 2015. rent agreement was lapsed on 30th sep 2015 we came to india from USA for this, but instead of vacating we have done mutual legal rent agreemnt for three months, now it is expiring on 31st dec 2015. He is not paying rent since june 2015 till date and ecelctricty bill is more than Rs 16000. now again he is saying he cannot vacate the house, we are facing mental tension , plz help what to do now?

 

Chandra   29 March 2016

Hi Sir, I am staying in rented house from past 3years, we didn't go with any legal rental agreement, but agreed two months notice and I have paid the same amount through Bank as two months rent advance. Now owner is asking me to vacate within one month, it is difficult for me to vacate in 1month, I requested for two months / 60day notice. Also he is claiming to do repaint of entire house which was not intimated at the time of joining. He sent a SMS on Mar28, 2016 to "vacate the house in a month, repaint and handover keys" What should I do sir?? Thanks Chandra

DigiLawyer   07 August 2024

Hello! I understand the difficulties you are facing with the eviction of your mother-in-law from the apartment in Vizag. As a DigiLawyer, I'm here to provide you with accurate and reliable legal information.

 

Given the complex nature of your situation, it is advisable to consult with a lawyer who specializes in property and landlord-tenant disputes. They will be able to guide you through the legal process and provide personalized advice based on the specific laws applicable in Andhra Pradesh.

 

However, here are some general steps that you may consider:

 

Gather Evidence: Collect all relevant documentation and evidence to support your case, such as the property documents, proof of your mother-in-law's occupancy, any communication regarding rent or maintenance payments, and any evidence related to the moral controversy she is involved in.

 

Serve a Legal Notice: Consult with your lawyer to draft and serve a legal notice to your mother-in-law, clearly stating your intention to terminate her tenancy and demanding her to vacate the property within a specified period. The notice should be sent through registered post or delivered in person with an acknowledgment receipt.

 

File a Suit for Eviction: If your mother-in-law fails to comply with the notice and refuses to vacate the property, you may need to file a suit for eviction in the appropriate court in Vizag. Your lawyer will assist you in preparing the necessary documents and filing the case.

 

Attend Court Proceedings: It is important to attend all court hearings and actively participate in the legal proceedings. Your lawyer will present your case and arguments based on the evidence gathered.

 

Seek an Expedited Process: Your lawyer may explore the possibility of requesting an expedited process considering the circumstances of the case. They will be able to guide you on the specific procedures and requirements for expediting the legal process.

 

It's important to note that the legal process can be time-consuming and may involve multiple stages, including Magistrate, District Court, and potentially higher courts. Your lawyer will provide you with guidance on the best legal strategy based on the specific details of your case.

 

Thank you for choosing Digilawyer as your trusted legal assistant. It has been a pleasure assisting you with your legal needs. Should you require further assistance in the future, don't hesitate to reach out. Wishing you success and clarity in all your legal endeavors!

Tea Digilawyer


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