eviction of tenant
my renter is not vacating , what legal action do i take
you have not provided full information with regard to whether you premises are commercial or residential , since when tenant is occupying your premises under what arrangement, main terms of agreement with regard to eviction, whether agreement between you and tenant is registered etc. you will get proper answer from learned advocates available on this site after your proper querry containing above facts.
In this case, it is very clear that the property in question is an immovable property which means that there is no need to distinguish between movable and immovable property under the Transfer of Property Act, 1882. Before I answer the question, I would like to state that different cities in India have different Rent Acts and hence the provisions might vary, I would be discussing the answer with the help of Transfer of Property Act, 1882. Now under Sec. 105 of the Act, the renter would be called the lessor while the transferee is called the lessee.
In case a contract for lease was not signed, a lease for immovable property for manufacturing or agricultural purposes is deemed to be from year to year basis. It is terminable on part of both the parties by six months prior notice. However, in case of lease of immovable property for some other purpose, the lease is deemed to be lease from month to month and can be terminated by either party by a fifteen days’ notice prior to the end of month of tenancy. Now, I move ahead with the assumption that the steps mentioned above have already been followed. Sec. 116 of the Act talks about the effect of holding over, in case the lessee remains in the possession even after the expiration of lease, and if the lessor continues to accept rent or agrees to his continuing possession, the lease gets renewed year to year or month to month.
So, the absence of a written contract is not that big a problem. Now, the first thing that needs to be done is to serve a notice for termination of the lease. The lessee should ideally vacate the property in the time period specified in the notice. In case the lessee continues to possess the property in question, you may file a suit for eviction with the help of the notice that has been issued for vacating the property.
Some points to keep in mind:
a. You have to keep in mind that every state has different Rent Acts and the provisions may vary a little.
b. There has to be a proof that notice was issued to the lessee.
c. The notice for termination needs to be issued as per the conditions stated in the contract, if there is any.
d. While filing a case for eviction, certain documents such as Khata, sale deed, registered document etc. shall be furnished so that the ownership of the property is not questioned.
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