Tenant eviction on lapse of deed during corona Tenant eviction on lapse of deed during corona

3 years ago

I had given my residential property on 11 month rent and a deed was got registered with registrar. The 11 month period ended on August 2019 but before the end of deed, the tenant died. He was survived by his wife and two son in his 30s. It was not right time to ask for eviction although the deed expired so I waited. In the month of December 2019 I asked her to evict the property, for which she requested for some time for finding a property. During this period, she always made late payment of rent and electricity/water charges. I warned her to evict. In the month of march, 2020, on outbreak of CORONA, everything changed.

Now I am asking her to vacate, for which she is saying that she is not able to find a property. She has not been paying rent from Feb 2020 onwards. She is also saying to forgo the rent during this period, since she is not able to garner any fund to pay.

In the above scenario, I wish to ask

what are rights of landlady;
Whether eviction notice can be given on the basis of old deed;
What action can be initiated for eviction of tenant;

Kishan Dutt Kalaskar

Responded 3 years ago

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A.Dear Sir,
It is not so easy. Let your land lady go to the Court and it will take 2 to 3 years in trial court then High Court it will take another 2 years. Fight leisurely.
Please give me Rank 5 if you feel my answer helped you.
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Adv. Sarika Khude

Responded 3 years ago

A.Send the notice as soon as possible.
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Ayantika Mondal @ Prime Legal

Responded 3 years ago

A.Issue a legal notice to pay due rent and vacate with time line
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Rameshwar Dadhe

Responded 3 years ago

A.You will need to send eviction notice immediately
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Suneel Moudgil

Responded 3 years ago

A.1. you can serve him a legal notice through a lawyer to make payment of the outstanding rent amount along with the applicable charges as per the old rent agreement,
2. if payment is not made despite service of the legal notice, you can file a civil suit for the recovery of the amount and also for the eviction of the property,
3. rent agreement, chat, call records, WhatsApp record, if relevant, can prove your case and are admissible as an evidence
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