Tenant Not vacating Tenant Not vacating

11 months ago

Hello,

I rented my house for 2 yrs lease to a couple. The agreement is with husband and will be expiring in 4 months. asked to vacate the house with 1 month notice.
They are in the process of getting separated and wife is living there. So far, the husband is paying the rent. He is ok with the notice. But wife doesn’t want to leave the house until the husband makes other arrangement for which he is not agreeing.

She said, the agreement is with husband so I should talk to him and if needed I can file police complaint or any court case against her but she won’t vacate the house.
Husband said, he already vacated the house so he can’t help here. He has already stopped paying rent and asked to deduct from 3 months deposit.

Now, few questions I have,
1) what are the options in front of me?
2) should I file complaint directly against wife as she is not vacating property or it is husband’s responsibility to give me the vacant house.

Advocate Simi Paul

Responded 11 months ago

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A.Hi client,

1) Send a legal notice to the wife.
2) complain to your local ps.
3) file a case in the civil court
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Vidhi Samaadhaan Vidhi Samaadhaan

Legal Counsel Vidhikarya

Responded 11 months ago

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A.In the given situation, following few steps before knocking the door of Court may be helfful
1. Serve a legal notice to the husband of the lady for vacating let out premises asap failing which necessary legal action shall be taken against him because being a tenant it his responsibility to hand over the vacant possession of rented premises on cessation of the tenure of the agreement executed between him and the landlord.
2. Inform the local PS through a General Diary for unruly and unethical behavior against both the tenant and his spouse who unauthorisedly occupying the rented premises even after the expiry of the notice period and the tenure of the Rent Agreement.
3. You may reach out with a complaint to the concerned office of the Rent Controller to get a resolution to your grievance
In case the above three steps failed or yield no expected result, reach out to an Advocate for filing an eviction suit against the tenant and his spouse for getting vacant possession of your rented premises.
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Vidhi Samaadhaan Vidhi Samaadhaan

Anik

Responded 11 months ago

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A.Hello,
Tenants typically leave rental properties after receiving a formal notice from a court. With the assistance of a lawyer, the landlord can file an eviction lawsuit against the tenant if, for any reason, they refuse to leave the rental property. The matter that pertains to the rented property is heard by the civil court.
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Vidhi Samaadhaan Vidhi Samaadhaan

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