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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

14 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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Consult Top Bankruptcy and Debt Lawyers in India

Shreyash  Mohta

Shreyash Mohta

Advocate
Exp
Kolkata , West Bengal

Specialization

  • Bankruptcy and Debt
  • Divorce
  • Domestic Violence
  • Family
  • Muslim Laws
Hi, this is Shreyash Mohta I have graduated from University of Calcutta and I am a practicing Advocate. I deal mostly with criminal & quasi criminal cases with exp of 1-1.5yrs. My prime area of expertise is in matters related to Family Disputes, Divorce, Domestic Violence, etc. View Full Profile
Total Answers Given : 1692
Pavan  kumar Gudipati

Pavan kumar Gudipati

Advocate
Exp
Hyderabad , Telangana

Specialization

  • Bankruptcy and Debt
  • Commercial
  • Divorce
  • Cheque Bounce
  • Tax-Income Tax
I am willing to take up cases at the High Court of Telangana, Company Law ( NCLT), Cheque Bounce cases, Mutual Divorce cases, DRT. I am willing to take up cases in Hyderabad in any Tribunal / Court. I am a Fresher and willing to take up cases. Contact Time : 6pm to 9pm View Full Profile
Total Answers Given : 39
Fareed  Ahmed

Fareed Ahmed

Verum Legal Associates - Partn
Exp
Mumbai City , Maharashtra

Specialization

  • Bankruptcy and Debt
  • Civil
  • Debt And Lending Agreement
  • Financial Markets And Services
  • International Laws
Total Answers Given : 3
monika  tyagi

monika tyagi

ADVOCATE
Exp
South Delhi , Delhi

Specialization

  • Bankruptcy and Debt
  • Civil
  • Arbitration and Mediation
  • Contracts and Agreements
  • Cyber, Internet, Information Technology
I AM AN ADVOCATE HAVING 7 YEARS OF PROFESSIONAL EXPERIENCE IN THE FILED OF CIVIL AND CRIMINAL LAW AND IS CURRENTLY PRACTISING IN ALL FORUMS INCLUDING DISTRICT COURT, HIGH COURT . I HAVE HAD THE OPPORTUNITY TO WORK ON PROPERTY DISPUTES, FAMILY MATTERS, COMPANY MATTERS ETC. View Full Profile
Total Answers Given : 1
V.K  Singh

V.K Singh

Law firm
Exp
Delhi , Delhi

Specialization

  • Bankruptcy and Debt
  • Criminal
  • Commercial
  • Arbitration And Mediation
  • Contracts And Agreements
Highly experienced in criminal Law , handled High profile media highlighted criminal cases , regularly conducts seminars in Dubai and London on Indian Laws. Laws firm is having experts in Real estate , Criminal, property, IPR , corporate advisory as well as litigation in Supreme Court , High Court View Full Profile
Precinct  Legal

Precinct Legal

Partner
Exp
Bangalore , Karnataka

Specialization

  • Bankruptcy and Debt
  • Civil
  • Cheque Bounce
  • Contracts and Agreements
  • Corporate and Incorporation
Precinct Legal is a full service law firm based out of Bangalore catering to all the legal needs, be it litigation or corporate. View Full Profile
Advocate Rajat Bansal & Associates

Advocate Rajat Bansal & Associates

Advocate
Exp
Lucknow , Uttar Pradesh

Specialization

  • Bankruptcy and Debt
  • Divorce
  • Arbitration And Mediation
  • Contracts And Agreements
Advocate RAJAT BANSAL & Associates is Lucknow based Law firm headed by Rajat Bansal Advocate. It is practicing in all aspects of litigation and non litigation matters mainly into contract condition, commercial transaction, arbitration, prop View Full Profile
HARISH  KAUSHIK

HARISH KAUSHIK

Advocate
Exp
Central Delhi , Delhi

Specialization

  • Bankruptcy and Debt
  • Civil
  • Criminal
  • Cheque Bounce
  • Domestic Violence
Advocate Harish Kaushik has been practicing and handling cases independently with a result oriented approach, both professionally and ethically and has now acquired over 8 years of professional experience in providing legal consultancy and advisory services. View Full Profile
ROHIT  DALMIA

ROHIT DALMIA

ADVOCATE
Exp
Mumbai suburban , Maharashtra

Specialization

  • Bankruptcy and Debt
  • Debt Collection
  • Arbitration And Mediation
  • Commercial
  • Contracts And Agreements
An Enthused Advocate who looks for challenging cases and assignments. Have Presence at major cities of India through Associate offices. View Full Profile
Vivek  Tanwar

Vivek Tanwar

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

Specialization

  • Bankruptcy and Debt
  • Criminal
  • Arbitration and Mediation
  • Banking
  • 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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  • What are the laws on bankruptcy & debt in India?
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About bankruptcy & debt Laws


The primary law dealing with the subject of bankruptcy and debt laws is the Insolvency and Bankruptcy Code 2016.

The Insolvency and Bankruptcy Code, 2016 (IBC) is a substitution to separated legal framework and a split institutional set-up which was kept on passing on poor outcomes for a significant long time loan bosses and troubled business searching for an exit. This will profit everybody loan bosses, troubled business, economy and the estimation of the assets will be expanded. The manner by which the law is starting at now being realized seems to focus more on fast operationalisation. It has presented the time bound determination process which is the 180-day course of events talks profoundly about the point of the IBC – fast assurance of insolvency to help with the recuperation as to win in the economy where there is more capability about the recuperation system and expanding the estimation of assets of bothered business. Since the IBC accommodates a period bound system, it puts gigantic weight on the promoters as wells as the lenders to quick track a trade off recipe or risk the asset being liquidated.

Bankruptcy is a legal proceeding involving a person or business that is unable to repay outstanding debts. Some of the distinguishing elements of the code are-

  • Comprehensive law – this code is a comprehensive law which envisages and regulates the process of insolvency and bankruptcy of all persons including corporates, partnerships, LLP’s and individuals.
  • Withering away of Multiplicity of Laws – Code withered away multiple laws covering the recovery of debts and insolvency and liquidation process and presents singular platform for all the reliefs relating to recovery of debts and insolvency.
  • Clarity in Process- there is a clear and unambiguous process to be followed by all stakeholders. There is also shift of control from shareholders and promoters to creditors.
  • New Regulatory Authority- it provides for constitution of a new regulatory authority, ‘Insolvency and Bankruptcy Board of India’ to regulate professionals, agencies and information utilities engaged in resolution of insolvencies of companies, partnership firms and individuals.

The Code plots a bankruptcy assurance handle for individuals, associations and affiliation firms. As showed by the Section 6 of the code it is communicated that the method may be begun by either the corporate record holder or the financial lenders and operational advance managers. The most extraordinary time limit of 180 days and 90 days increase just if the Adjudicating Authority is persuaded for realization of the very system, has been set for corporates and individuals.

There are two types of tribunals. For Companies and Limited Liability Partnership Firms there is The National Company Law Tribunal (NCLT) and for people and associations there is the Debt Recovery Tribunal (DRT).

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