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Gajendran (Second division assistant)     30 December 2016

Tenant not vocating the house

I have rented a house in Mysore since 01-09-2010. I am asking the tenant to vocate the house since september 2015. But the tenant is not vocating the house.

Presently I am residing in Bangalore. The tenant without my permission or from the water supply board, has obtained the addational water connection illegally. On 14-11-2016 the staff from the Water supply board noticed that illegal water connection & contacted me over phone. Then I immediately asked the water supply board staff to disconnect the water connection. And very next day when I contacted the tenant he agreed that he has obtained illegal water connection by bribing the water supply board staff. In this connection I have given him a writing notice for having illegal water connection & also to vocate the house on or before February-2017 in the letter dated:20-11-2016.

The following are the clarifications needed:

  1. The rental agreement which I had with the tenant is lost. If I approach the court is it mandatory to produce the rental agreement.

  2. The first written notice to the tenant was given on 20-11-2016 by hand, the tenant received the notice but he denied to give me the acknowledgement. Again I sent him the second notice vide letter dated:21-12-2016 by registered post with acknowledgement due. In the second notice I have attached the copy of first notice.  

  3. In the letter dated 20-11-2016 I had stated that to vocate the house within 03 months i.e., by the end of February-2017 but did not give him any reason why I am asking him to vocate the house. But in the letter dated:21-12-2016 I have given the reason that as I am shifting my residence from Bangalore to Mysore I need that house so please vocate by the end of February-2017. Should I have to give any other reason for the tenant to vocate the house. .

  4. Getting illegal water connection by the tenant without my permission or from the concerned department can be brought to the court notice.

  5. If the tenant does not vocates the house within the specified time should I have to give him another 01 month notice or should I directly approach the court. 

 



Learning

 3 Replies

Zoheb Khatri (Practicing in Mumbai ZohebKhatri@gmail.com)     30 December 2016

Contact your Local Lawyer, Send notice and file eviction proceeding in Court.

1 Like

saravanan s (legal advisor)     30 December 2016

If the rent agreement is lapsed then there is no need for that.you can file eviction suit in the court if he is still not willing to vacate even after the notice period is over
1 Like

Gajendran (Second division assistant)     31 December 2016

Sir, 

The rent agreement was done on 01-09-2010 for 11 months. After the lapse of rent agreement I did not revise the agreement. By mutual (oral) agreement I have continued the tenant. But I have lost the agreement copy. What can I do to file an eviction suit. 


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