rent rent

2 years ago

hello sir /mam,
hamari ek shop rent pe di hui ,tenant ne saman kisi aur ko bech diya aur security (2 month) adjust krwali aur bola ab new banda jisko sman becha he wo rent dega . pr wo 1 month se call nahi utha rha ,purana tenant aur new wala dono dusri city me rehte hamare pass unka contact detail bhi nahi he adhar card ke ilawa . 5 sal ki deed thi 2 sal pure ho chuke he ham khali krwana chahte he evict ka notice dene bad bhi agar response na kre to kya kr sakte he ? plz help

Ayantika Mondal @ Prime Legal

Responded 2 years ago

A.Hi,
Although it is evident that the tenant does not want to return, you should issue a legal notice explaining that you have taken back the repossession since he has not communicated with you for a long time. Because the store is already empty, you should take possession of it and rent it out.

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Vidhi Samaadhaan Vidhi Samaadhaan

Anik

Responded 2 years ago

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A.Hi,
Since the shop is already vacant you should take possession of it. Also, if he was not allowed to sublet the business under the terms of the agreement, you can simply give him a legal notice declaring that the agreement has been canceled because he violated the terms of the agreement. Otherwise, you might serve him with a legal notice indicating that you have seized possession of his property since he has been absent and has not communicated with you.

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Vidhi Samaadhaan Vidhi Samaadhaan

Ankita Jaiswal

Responded 2 years ago

A.Already khali hai apki dukan to aap hi use krskte jisko dena hai dedo, don't worry, another way aap ache lawyer se milakar ak notice dede ki sbse apka possession rahega us shop par, apko ans pasand ata hai to PlZ rate kare *****, thanks
Rpy here
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Vidhi Samaadhaan Vidhi Samaadhaan

Nishant Singh

Responded 2 years ago

A.Hello,

First, you have to check the agreement or lease deed that, is there are any clause of "Subletting the Premises" in question?. If Yes, then you have to send demand notice of the Pending Rent and intimation letter to cancellation of the lease deed on the ground of default of depositing the rent and security amount. You can put your lock on the premises in question.

If there are no Subletting Clause in the lease deed and the lessee sublet the premises without your permission then put your lock on the premises and send only intimation letter to cancellation of the lease deed as well as intimation to take over the possession of the said premises on the basis of the above said ground. You can also file the the eviction suit in this regard but it will take time.

Thanks with regards

Nishant Singh (Adv)
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Vidhi Samaadhaan Vidhi Samaadhaan

Kishan Dutt Kalaskar

Responded 2 years ago

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A.Dear Sir,
if it is already vacant then put your lock on it and take possession. Court proceedings will be delayed.
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Abhimanyu Shandilya

Responded 2 years ago

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A.आप उसके पते पर लीगल नोटिस भेजिए। लीगल नोटिस भेजने के बाद इविक्शन नोटिस भेजिए।

उसके बाद भी अगर वह दुकान को खाली ना करें तो उसके ऊपर इविक्शन केस कीजिए।
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