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manjay tiwari   18 March 2021

format of filing case under section 145 for removing Tenant

please provide me format for filing case under section 145 for removing Tenant


Learning

 1 Replies

Ishaan   18 March 2021

Eviction clause should also be mentioned in the agreement so it can be used in case of a dispute. You can quote the violations of contract in the court and make them a ground for eviction. There are only two ways of evicting a tenant - once the lease agreement is over or when the landlord terminates the lease by sending a legal notice under section 106 of the Transfer of Property Act. In both these cases, if the tenant does not vacate, the landlord will have to file a suit for eviction in the district court and get an order.
You should never evict the tenant without sending a prior eviction notice and the grounds on which you are evicting the tenant should be in consonance with and should be admissible under the corresponding State's rental laws.

Procedure - 
You can subtly send a notice to the tenant regarding the eviction. To do so, first, you have to file an eviction notice in a court under the suitable jurisdiction stating why you want the property to be vacated. This notice should also have an appropriate time and the date by which you want the tenant to move out of the property. You should be modest in offering time-span to the tenant to vacate the property.
In some cases, the tenant might still not get ready to move out of the rented flat or house even after getting the court’s eviction notice. If anything like this happens, you should hire a rental property lawyer and file an eviction suit against the tenant in a civil court under whose jurisdiction your property comes in.
The third stage is when the court listens to both sides and releases an ultimate eviction notice for the tenant. The tenant cannot overlook this order once sent.
 

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