We rented our house to a tentant in Feb 2015. It was 11 month rent agreement. After renting it out for a year and half we wanted to move back into our rented house because my mother was not feeling well and had problem taking stairs to reach our new house which was on 2nd floor of the building. After a year, We had renewed the agreement in Feb 2016 for another 11 months .
In September 2016, we requested the tenant to hand over the house with one month notice as stated in the agreement . It was oral notice and not formal letter or notice. They objected to that saying they are family and cannot vacate the houseimmediately. They mentioned that they are in the process of purchasing a property for themselves and requested 6 months time (Until end of March 2017) to move out. Meanwhile the agreement expired in Jan 2017 and we delibrately did not renew it assuming they will vacate the property in March 2017.
Come March 2017 when went to ask for the house to be vacated they said they cannot vacate the house as they had probelm finalizing the property and the property market was not transacting as it use to, previously because of demonitization.
Tenant is once again asking for another 5 months extension to vacate the property (until Aug 2017). Which we are okay to accomodate provided they give that in writing that they will be vacting the property for sure by Aug 2017. We wanted to avoid the dispute to escalate and end up in lawyer notices and court. They did not agree to give the statement in writing.
We wanted to know if we have good grounds to approach the honorable court and have the tenant vacate the property. What steps do we have to take to help our case eg:
1. We serve the tenant a formal written 1 month notice.
2. Renew the agreement and then serve the notice.
We will be really thankful all your expert advise.
Regards,
Madhu
