Tenant not vacating after even after deposit ranout. Tenant not vacating after even after deposit ranout.

3 years ago

So i have tenated out a portion of our property to a restaurant in chennai.
So since starting of lockdown they have kept it closed and haven't reopened nor paid even fraction of rent for the 7 months despite the lockdown being relaxed 4 months back and me telling them that i will reduce the rent for few months.

Later they just informed me that they are switching the property to someone else with the equipments.

But it has been so long and they have not bringing in new tenant, not willing to pay even 1 month of the 7 month balance, their deposit has run out 2 months back, Their agreement ended on April too, they are not picking up my calls and not responding to my msgs.

I want to vacate them. What is the procedure?

Ramachandra Rao Kakulavarapu

Responded 3 years ago

A.You have to file a civil suit for vacating the tenant whose period of lease is over. Such tenants are called tenant holding over. You have to incorporate consequential clauses in the lease deed itself. I don't know whether you done it or not. File a case for vacation and also claim damages with interest in that suit.
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Anik

Responded 3 years ago

View All Answers
A.Hi,
A formal eviction letter should be sent to the tenant before you move the courts. If tenants are refusing to vacate, you must apply to the NSW Civil and Administrative Tribunal for a possession order within 30 days of the 'date to vacate' specified in your termination notice. The Tribunal will then make a decision, based on the evidence you and the tenant present at the hearing.
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Ayantika Mondal @ Prime Legal

Responded 3 years ago

A.hi,
You will have to send a legal notice to your tenant asking him/her to pay the arrears of rent or else to vacate within a month. The tenant has to pay rent in the court once it is assessed by the court and in case he/she fails, it invites immediate eviction.
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Ankur Goel @ Complete Law Shield

Responded 3 years ago

A.give them 10 days notice and get it vacated if no response.


Hope this clarifies,
Advocate Ankur Goel (Complete Law Shield) (mymutualdivorce.online)
#YourLifeYourChoice
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Read Related Answers

question iconNeighbor dispute
Dear Client, When the verbal request does not resolve the issue, you can serve a legal notice to the neighbour asking him to reinstall the AC outlet in other convenient places. If no development is ob...
question iconRequest for removal AC fan on common wall
Dear Client, When the verbal request does not resolve the issue, you can serve a legal notice to your neighbour asking him to reinstall the AC outlet in other convenient places. If no development is...
question iconRepair 2nd floor
Dear Client, When an eviction suit is sub-judice before a Court, you have to maintain the status quo or obtain permission to carry out renovation/repairing work in the suit property from the concerned...
question iconExcess land not in record, can it be sold??
Dear Client, It is illegal to sell the excess land without the patta papers and title deed. The excess land can be sold, only if the seller is the title holder of all the land including the excess. So...
question iconLeave & Liscence agreement
Dear Sir, You cannot stop basic necessities of such tenanted house which is illegal as per law. The proceedings before the Courts cannot be taken away by mutual agreement also. You have to file a suit...