Tenant occupying property after deed expiry.
3 years ago
I given my house on registered deed for a period of 11 months which ended last year august 2019. In the last month's of the deed, the tenant died. He was survived by his wife and two son of the age 30s. Since tenant I didn't asked them to vacate the house even after expiry of the deed. I requested in the month of December 2019 to them for renewal or vacating the house. To which wife of the deceased tenant asked for sometime. She always requested for some time due to her health. And in the month of March 2020 everything stopped due to corona. Now she is neither ready to vacate the house nor going for renewal of agreement. Given current COVID situation, what are my rights and can I go for vacating the house? She has not paying the rents for the months of January 2020 and thereafter.
Adv. Sarika Khude
Responded 3 years ago
Ayantika Mondal @ Prime Legal
Responded 3 years ago
COVID situations will change, request to wait for sometimes like a month max. Thereafter:-
A. issue a legal notice to pay the rent and vacate the premises.
B. failing to which, you may approach the court for ejectment with due rent claims.
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Section 106 in The Transfer of Property Act, 1882
1[106. Duration of certain leases in absence of written contract or local usage.—
(1) In the absence of a contract or local law or usage to the contrary, a lease of immovable property for agricultural or manufacturing purposes shall be deemed to be a lease from year to year, terminable, on the part of either lessor or lessee, by six months' notice; and a lease of immovable property for any other purpose shall be deemed to be a lease from month to month, terminable, on the part of either lessor or lessee, by fifteen days' notice.
Rameshwar Dadhe
Responded 3 years ago
Hardik Sheth
Responded 3 years ago
You can lodg a FIR at the police station in whose jurisdiction your rented property falls and along with the FIR you can produce the rent agreement and narrate the true incident before the police.
They will take the steps and make the tenants liable to vacate the house.
I hope you have got the reply to your query.
Kindly rate me with the best suitable stars.
Regards,
Adv. Hardik Sheth.
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