Tenant doesn't vacate the rented property Tenant doesn't vacate the rented property

4 years ago

Tenant refuses to vacate the property. He has not paid the rent since last couple of months. He is also taken debt from a lot of other folks and not paid it. Rental agreement is valid for 1 more month. What are my rights? I am only interested in having my property vacated asap

Kishan Dutt Kalaskar

Responded 4 years ago

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A.Dear Sir,
You may get issue a legal notice under Section 106 of Transfer of Property Act.
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Section 106 in The Transfer of Property Act, 1882
1[106. Duration of certain leases in absence of written contract or local usage.—
(1) In the absence of a contract or local law or usage to the contrary, a lease of immovable property for agricultural or manufacturing purposes shall be deemed to be a lease from year to year, terminable, on the part of either lessor or lessee, by six months' notice; and a lease of immovable property for any other purpose shall be deemed to be a lease from month to month, terminable, on the part of either lessor or lessee, by fifteen days' notice.

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Jagannath S Pawar

Responded 4 years ago

A.Plz send him legal Notice for vacating the premises on basis of non payment of rent and nuisance if you can prove it. If nothing happens and tenant is not willing n ready to vacate even on expiry of agreement, you must file eviction suit against the tenant. If need b, plz contact through Vidhikarya. Thanks n regards
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