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How to have a tenant vacate premises by sending a...

If one were to own extra houses and earn rental income out of those houses then its regarded as a source of passive income. Nonetheless, if right steps aren’t taken, this passive income source may turn out to be nightmarish and more so if one had to deal with careless tenants.Legal notice of vacating the premises from the landlord to the tenant is presumed as an opportunity of eviction of the tenant followed by the tenant looking for a new place to stay. Notice to the tenant for vacating is a circumstance where a tenant gets a reasonable time to vacate the place on rent and look for a new one.Why send notice to vacate premises?An eviction notice in India is a formal intimation to the tenant. For the tenant to vacate the rented property, a legal notice is essential.The situation gets worse for a landlord in any tenancy if the tenant deliberately or is intent on stubbornly holding on to his/her ground and staying put. Tenants of the type create inexorable nuisance at the landlord’s expense. Such incidents are quite common in India. The tenant forcibly remains in possession, thus provoking the landlord to file a lawsuit to evict the tenant. However, prior to filing a case, the landlord ought to first and foremost send notice to the tenant for vacating the premises.In the case of employee accommodations provided by employers often are put up on rent for some extra income. Nonetheless at times, evicting the tenant even after intimating that the tenant ought to vacate the apartment is a hassle of sorts. There is no reason at all for a landlord to be worried even if such a scenario looms. The landlord could consult an expert lawyer to evict the tenant after all the criteria of the notice are fulfilled. At this point, sending a tenant eviction notice drafted by an experienced lawyer is crucial.  How should the landlord deal with the tenant?If the landlord wants to send the tenant packing to form his rented property he would ideally send a notice or letter for vacating the premises to the tenant. The landlord is the owner of the property and therefore can rightfully claim his property from the tenant after giving a reasonable time to the tenant to vacate the property. While it's not mandatory, intimating a tenant to vacate the property through eviction notice is the acceptable protocol of apprising the tenant of the fact that the landlord intends on evicting the tenant.Eviction notice to the tenant is a type of evidence in the Court of Law that the tenant did get adequate time to make alternative arrangements in the interim period and move out.Oftentimes situations arise where properties are on lease through long term lease agreements. However, the tenant ought to vacate it prior to the end of the lease term. In cases like that, the landlord would typically send a notice of lease termination to the tenant and the tenant would have to vacate the premises within a reasonable time.Call 7604047601 for consultation with a registered expert property lawyer on Vidhikarya. 

Posted By

Avik Chakravorty

11 hours ago

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A step-by-step guide for legal recourse when Chequ...

|A Cheque is a mode of payment that is widely used for transactions including loan re-payment, payment of salary, bills, fees, and so on. Banks on a daily basis process and clear the vast majority of cheques. Issuing cheques are essentially proof of payment. However, cheques undeniably are a reliable mode of payment for most people. Conversely, issuing crossed “Account Payee Only” the cheque is advisable and indeed recommended so that the cheque is not misused in any way, shape or form.  A cheque basically is a negotiable instrument and they are of two types including Crossed and Account payee cheques which are non-negotiable by any person excepting the payee. The issued cheques have to be deposited into the bank account of the payee. The legal definition of the author of the cheque is ‘drawer’ and the cheque is drawn in favor of the ‘drawee’ and the paying bank is typically known as the ‘payee’. Cheque bounce cases in recent times are quite common. Occasionally, huge cheque amounts remain unpaid and payee banks return them dishonored.Dishonor of cheque results in the drawee bank issuing a ‘Cheque Return Memo’ to the payee’s banker pronto stating the reason for non-payment of the cheque. The banker of the payee then returns the memo and the dishonored cheque back to the payee. The cheque can be reissued or the payee can reissue the cheque within the timescale of three months of the cheque date if the drawer believes issued cheque will be honored the second time around. However, if the issuer of the cheque fails in making a payment, then its the payee’s right to proceed along the lines of legally prosecuting the drawer.  The defaulter/drawer may be legally prosecuted by the payee for the fact that the cheque was dishonored. However, the only exception to the rule is if the cheque amount is huge and the cheque payment is towards discharging debt or other defaulter liabilities towards the payee. In the case of a gift cheque, which may have been towards obtaining a loan or for illegal purposes, then the drawer is exempt from being prosecuted.Legal action In case of payee deciding to proceed legally, then the payer ought to have the chance of repaying the cheque amount pronto. The chance ought to be given only in the form of notice in writing. The notice ought to be sent to the drawer within a month of receipt of the “Cheque Return Memo” notice from the bank. The notice also ought to allude to the fact that the cheque amount ought to be paid to the payee within a fortnight from the receipt date of the notice by the issuer. If the issuer of the cheque is unable to pay within a month of receipt of the notice the payee is entitled and indeed empowered to file a criminal complaint under Section 138 of the Negotiable Instruments Act. Call 7604047601 for a preliminary phone consultation with the registered expert cheque bounce lawyers on Vidhikarya.

Posted By

Avik Chakravorty

1 day ago

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Vivek Tanwar

Founder/Director, Law Offices of Kr. Vivek Tanwar Advocate & Associates.
Exp
Gurgaon , Haryana

Specialization

  • Criminal
  • Arbitration and Mediation
  • Banking
  • Bankruptcy And Debt
  • Commercial
I graduated from Maharshi Dayanand University, Rohtak, Haryana in B.A.LLB. (Hons). Since 2000, I've been in active practice and am enrolled with the Bar Council of Punjab and Haryana at Chandigarh. Also, I'm appointed as the SPECIAL PUBLIC PROSECUTOR by the Government of Haryana in some cases. View Full Profile
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Yogesh Anand

Lawyer
Exp
Gurgaon , Haryana

Specialization

  • Family
  • Criminal
  • Civil
Family Cases Handled with positive results. Commercial cases Success rate is outstandingly excellent. Value for money. Work for free if poor. View Full Profile
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Rishabh Kamal

Independent Advocate
Exp
Gurgaon , Haryana

Specialization

  • Criminal
  • Civil
  • Employment And Labour
  • Property
  • Power Of Attorney
I am a 2013 graduate from one of the national law universities of India. I have dealt in criminal cases, civil cases, service matters. From 2019, i have started my independent practice. View Full Profile
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Rahul Tyagi

Advocate
Exp
Gurgaon , Haryana

Specialization

  • Documentation
  • Debt Collection
  • Civil
  • Corporate and Incorporation
  • Criminal
Advocate & Legal Consultants... View Full Profile
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Vijay Raj Mahajan

Advocate
Exp
Gurgaon , Haryana

Specialization

  • Divorce
  • Power Of Attorney
  • Partnership
  • Torts
  • Muslim Laws
Member of Delhi Bar Council since 1983, working as advocate in DelhiNCR, expert in Family matters, divorce, child custody, guardianship, maintenance, alimony, NRI related legal matters, property and inheritance, appearance in all Courts in India. View Full Profile
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Hemant kumar

advocate
Exp
Gurgaon , Haryana

Specialization

  • Civil
  • Landlord And Tenant
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Dr sudhir Kumar Vashisth

VP
Exp
Gurgaon , Haryana

Specialization

  • Administrative Law
15 Years Professional Experience in the field of HR & IR with Legal Expertise in Factory and other related Act, 6 Years Experience in Divisional Court Gurgaon - for Criminal and others matters View Full Profile
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Manish Shandilya

Advocate/Legal Advisor
Exp
Gurgaon , Haryana

Specialization

  • Financial Markets And Services
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Rajan Kumar Hans

Advocate
Exp
Gurgaon , Haryana

Specialization

  • Real Estate
Rera Matters expert. Deals in Property Matters only View Full Profile
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Prateek Aggarwal

Advocate
Exp
Gurgaon , Haryana

Specialization

  • Arbitration and Mediation
  • Cheque Bounce
  • Civil
  • Commercial
  • Consumer Protection
Basically i am into civil litigation, Arbitration, HARERA, Consumer forum, Permanent Lok Adalat and have been practicing for the last 7 years. I do recovery, cheque bouncing, arbitration, commercial dispute, MSME, Family cases, real estate, property dispute, Hindu Succession, will, Insolvency etc View Full Profile
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