Tenant refusing to vacate upon completion of agreement 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

Anik

Responded 2 years ago

View All Answers
A.Hi,
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.
If the answer was helpful, then kindly rate it.
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 2 years ago

A.Hi,
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.
If it was helpful then please rate my answer.
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

Kishan Dutt Kalaskar

Responded 2 years ago

View All Answers
A.Dear Sir,
You may get issue a legal notice under section 106 of TP Act.
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 2 years ago

A.you ask him to call 100 immediately.
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.
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

Pardeep Kumar Dhiman Dhiman

Responded 2 years ago

A.आप समय सीमा का इन्तजार किजीए।यदि वह समय सीमा के बाद आपका मकान खाली नही करता है।तब आप उसका समान बाहर निकाल सकते है।जिसके लिये आप पुलिस सहयता भी ले सकते है।
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

Vaidehi Samant

Responded 2 years ago

A.Wait for two months till 12 July and you can straight away evacuate the tenant out from the house on expiry of the agreement.
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 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...
question iconLandlord/Tenant
Dear Client, If the owner continues to delay or refuses to comply, you may need to explore legal options. Filing a case in court could be the next step to seek resolution and potentially recover you...
question iconLandlord/tenant
Dear Client, If the builder/ broker has not delivered the possession even after the the due date as mentioned in the contract you have a few legal options, one is to cancel the agreement with the bui...
question iconNo return of advance paid. Absence of agreemnt
Dear Client, Many landlords in India follow the system of no return off advance system. Please check the terms and conditions of the contract. if the same is not mentioned and there is no restriction...