Property
5 years ago
We have shop in name of our late Father which was rented in 2015 by him for period of 3 years as mentioned in the agreement which has got over now.
After the death of our father, elder brother started taking rent from the tenant for last two years and in between this periods he gave the rent to Mother for only 3 - 4 times.
We asked the Tenant to vacant the shop as agreement with him is over , but tenant is not vacating the shop and also he has support from the elder brother.
I want to know what step should we take to vacant the shop?
ROBERT D ROZARIO
Responded 5 years ago
A.since your elder brother is already collecting rent from the tenant, it will be difficult to evict the tenant as he is protected under the tenancy act. Ask your brother to stop collecting rent from the tenant. Thereafter give a termination notice on the ground of reasonable requirement.
Helpful
Helpful
Share
Deepak Yashwantrao Bade
Responded 5 years ago
A.Dear client you can issue legal notice through lawyer. If he deny to vacant then file suit against him for possession.kindly contact with lawyer for detail process.
Helpful
Helpful
Share
Vishwabandhu
Responded 5 years ago
A.Madam kindly send the photo copies of agreement and the receipt of payments of rent. After seeing them I will give u proper advice.
Helpful
Helpful
Share
Read Related Answers
Emergency Vacant PG
Dear Client,
In the absence of any specific term in the rent agreement specifying the deduction of a full month's rent for non-service of notice for vacating rented premises, a PG Manager cannot dedu...
Eviction of property by filing case on third party
Dear Madam,
That suit is to be dismissed summarily for filing against wrong person since you are the person and running the shop in the capacity of proprietor and seems holding trade license, GST etc.
Ex landlord not returning the advance money
Dear Client,
In the absence of a rent/lease agreement, you lived a considerable period and left it making your claim of refund of advance deposit from the landlord the most difficult and infructuous b...
Owner disputes with Association, tenants being threatened
Dear Client,
A dispute between a tenant and landlord is resolved under the state-specific Rent Control Act under which a Rent Controller or Addl Rent Controller is appointed to deal with the dispute i...
My broker asking for unwanted momey
Dear Client,
After the enactment of the Real Estate (Regulation and Development) Act, 2016, all real estate agents are mandatorily required to register themselves with the RERA under Section 9 of the...
Read Blogs on Landlord and Tenant
Landlord and Tenant Lawyers
Find Lawyers by Location