How to make tenant leave the property on rental expiry
10 months ago
Hi I have rented my flat. Agreement has 1 month of notice by either side and 11 month of duration clause.
My loan is getting more expensive. Also I have rented them well below market rate. The market rate is 35% more than current rent.
In last inspection I found house was kept in very bad condition. Lots of dust, scalling on taps, rusting, doodles, spider webs and damages were found. I said that this is not acceptable. I told him what all he has to clean and how to clean things. I also told him that if I am being unjust then i can call a few PPL they will also give the same comments after seeing this.
Then I gave an email notice to vacate and where exit date was kept approx 50 days later but a month before the rental agreement expiry. I gave him the option to respond in the next 15 days in the mail.
I tried calling him to explain about this decision and way forward. He didn't pick .. i msg him 3 times to "call me back when free" in three days but he did not call me. I was not able to connect with him.
Then I sent a reminder mail after 5 days.
With this my tenant got offended and said that i am harassing him by this. I said, how can some one harass you with one mail, 1 call(which was missed) and 3 msg which all were unanswered. I was not able to connect to you.
He is also misunderstanding my comment of asking PPL about cleaning as if I am threatening him with PPL.
Now what should I do ?
I am now just waiting for his response in 15 days. If he refuse I will just refuse to renew agreement.
Am I at wrong side here ? How should I handle this if i want my property vacant by rental expiry.
we would advise you to go through the rental agreement and carefully inspect if there is a clause that provides for automatic termination of the agreement on non-renewal. Additionally, you may also file a suit for eviction under the transfer of property act
Anonymous
Replied 10 months ago
Tenant was threatening with mental harassment case on following ground
"I said then in inspection If I am being unreasonable about your cleaning then I can bring few society residents they will also comment the same thing" This talk he misunderstood as I am calling ppl to threaten him.
then I mailed him about notice to vacate then I tried calling him which was not picked
then I whatsapped him 3 times in three days "to call me whenever you are free "
Does this come in mental harassment anyways ?
The terms and conditions of the Rent / Leave and lease Agreement matters the most to obtain any desired relief even through litigation. If that agreement specifies that on non-renewal of the agreement stands automatic termination of agreement and service of notice of one month notice from either side for the vacation of let out premises that liable the tenant to hand over the vacant possession of let out premises within a fixed period of time, then on the expiry of said period, if the said conditions remain, non-complied, Flat owner may lodge a suit for eviction before the Civil Court having jurisdiction on the subject matter to obtain the desired reliefs in the matter. You may also approach to the Rent Controller concerned for the desired relief for breach of condition of rent agreement by tenant if the rent comes under the purview of "fair rent" or below the fair rent and is acceptable to parties, Reach out to an Advocate for serving a legal notice and for filing an eviction suit against the tenant if the situation so arises to get back the vacant possession of the let out premises..
Anonymous
Replied 10 months ago
Tenant was threatening with mental harassment case on following ground
"I said then in inspection If I am being unreasonable about your cleaning then I can bring few society residents they will also comment the same thing" This talk he misunderstood as I am calling ppl to threaten him.
then I mailed him about notice to vacate then I tried calling him which was not picked
then I whatsapped him 3 times in three days "to call me whenever you are free "
Does this come in mental harassment anyways ?
If the tenant is stubborn then it is very difficult for you to get vacated premises. You have two options. You may manage the police and get the vacated premises which is shortcut route. Secondly, you may issue statutory legal notice under Section 106 of Transfer of Property Act or adopt any other procedure laid down in State Act and then approach Civil Court by filing eviction suit.
Anonymous
Replied 10 months ago
Tenant was threatening with mental harassment case on following ground
"I said then in inspection If I am being unreasonable about your cleaning then I can bring few society residents they will also comment the same thing" This talk he misunderstood as I am calling ppl to threaten him.
then I mailed him about notice to vacate then I tried calling him which was not picked
then I whatsapped him 3 times in three days "to call me whenever you are free "
Does this come in mental harassment anyways ?
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