Tenant refusing to vacate upon completion of agreement
2 years ago
I am the owner of a 3bhk flat in kolkata which I gave on rent to a family for residential purpose last year on 7 August, 2020 and the rental agreement is going to expire after 11 months on 7th July 2021. But when I told him that I do not want to renew agreement further since I need my flat for own residential purpose, the tenant is refusing to vacate after expiry of agreement, giving excuses that he might get covid 19 if I tell him to move out of my flat. Further he said that he will complain to police regarding this. But I need my premises and want to reside in my flat with my family after the expiry of the rental agreement. today is 12th May, 2021 and I have around 2 months left . How shall I proceed with this matter from now onwards so that they vacate the premises on time?? Suggest me some advice please
The preliminary solution would be to issue a legal notice to the tenant for eviction. If the tenant is adamant about staying, you may approach the court of civil judge and file a suit for eviction under S.6 (1)(d) of the West Bengal Premises Tenancy Act.
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Ayantika Mondal @ Prime Legal
Responded 2 years ago
You may issue a legal notice of eviction to the tenant on the expiry of the rental agreement. If the tenant still refuses to vacate after the receipt of the notice, you may go ahead and file a suit for eviction under S.6 (1)(d) of the West Bengal Premises Tenancy Act, 1997.
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You may get issue a legal notice under section 106 of TP Act.
Ankur Goel @ Complete Law Shield
Responded 2 years ago
nothing will happen.
the rule for not to evict tenant was way back in 2020 for 2-3 months only and now there is no such rule so police will help him.
but if still not vacate then you have to use law.
Better send a legal notice.
Pardeep Kumar Dhiman Dhiman
Responded 2 years ago
Vaidehi Samant
Responded 2 years ago