Leased commercial workshop property
2 years ago
Lease agreement expired on 15/06/2020.Due to covid 19,i could not contact tenant.In first week of Dec . 2020 i served notice for eviction of workshop with 3 months period.Still he is not evicting the premises. He is transferring rent to my bank account regularly.What i can do for eviction . Please advice. I am from Pune.
Ayantika Mondal @ Prime Legal
Responded 2 years ago
A.Hello
If the property is rented for commercial purposes then the you can evict the tenant only under the following conditions:
(i) The landlord has to show that the tenant has an alternative place to do business
(ii) If he is not abiding by the terms and conditions of the rental agreement.
(iii) If he is using the property for some unlawful/ illegal purposes.
(iv) If he is causing any damage to the property.
(v) The most important ground is that the landlord himself is in need of the premises. To prove this he needs to show that
(a) The landlord himself is using a rented property.
(b) And the said premises are convenient and cost-effective for him.
If the premises is being rented for residential purposes then the grounds of eviction shall be
(i) The owner himself is using another rented premises,
(ii) The subsequent purchaser of the property wants to evict the tenants,
(iii) If the tenant is using the property for any unlawful or illegal purposes,
(iv) Or the tenant has caused some damage to the property.
The laws in India are pro-tenant laws and it usually takes a long time to get the Tenant Evicted. In the event of evicting a tenant, you can follow these steps.
(i) Send a legal notice to tenant to vacate the property.
(ii) If the tenant still doesn't vacate the property then proceed with filing a eviction suit in a civil court.
Thanks
If you find this advice helpful please rate.
If the property is rented for commercial purposes then the you can evict the tenant only under the following conditions:
(i) The landlord has to show that the tenant has an alternative place to do business
(ii) If he is not abiding by the terms and conditions of the rental agreement.
(iii) If he is using the property for some unlawful/ illegal purposes.
(iv) If he is causing any damage to the property.
(v) The most important ground is that the landlord himself is in need of the premises. To prove this he needs to show that
(a) The landlord himself is using a rented property.
(b) And the said premises are convenient and cost-effective for him.
If the premises is being rented for residential purposes then the grounds of eviction shall be
(i) The owner himself is using another rented premises,
(ii) The subsequent purchaser of the property wants to evict the tenants,
(iii) If the tenant is using the property for any unlawful or illegal purposes,
(iv) Or the tenant has caused some damage to the property.
The laws in India are pro-tenant laws and it usually takes a long time to get the Tenant Evicted. In the event of evicting a tenant, you can follow these steps.
(i) Send a legal notice to tenant to vacate the property.
(ii) If the tenant still doesn't vacate the property then proceed with filing a eviction suit in a civil court.
Thanks
If you find this advice helpful please rate.
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A.Hello
For eviction you could file a suit for against your tenant in the civil court and evict your tenants. Otherwise you could renew to the rent agreement.
Thanks
For eviction you could file a suit for against your tenant in the civil court and evict your tenants. Otherwise you could renew to the rent agreement.
Thanks
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A.If you want to continue the lease then get it renewed on the new terns and conditions and if you don't want then send him one more notice and then file a case for eviction if he does not vacate the premises.
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