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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

10 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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Dsouza

Dsouza

Advocate
Exp
Mumbai City , Maharashtra

Specialization

  • Election Campaign and Political Laws
  • Arbitration and Mediation
  • Admiralty And Maritime
  • Aviation
  • Corporate And Incorporation
All types of Civil & Criminal matters at the Hon'ble High Court at Bombay & also the Hon'ble High Court of Bombay at Goa. Kindly view my website www.civilandcriminaladvocateinmumbai.com View Full Profile
HARISH  KAUSHIK

HARISH KAUSHIK

Advocate
Exp
Central Delhi , Delhi

Specialization

  • Election Campaign and Political Laws
  • 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
naidu  n

naidu n

Senior Legal Consultant
Exp
Hyderabad , Telangana

Specialization

  • Election Campaign and Political Laws
  • Civil
  • Admiralty and Maritime
  • Banking
  • Consumer Protection
We handle following litigations: Admiralty & Maritime, Arbitration, Banking, Business , Company law, Civil , Construction, consumer law, Corporation, Partnership, Criminal, Finance, Foreclosure, Franchise Law, Government, Insurance, Revenue matters, Shipping, Real Estate, Family, Divorce et., View Full Profile
Vinay  Pratap Singh

Vinay Pratap Singh

ADVOCATE
Exp
Bhopal , Madhya Pradesh

Specialization

  • Election Campaign and Political Laws
  • Civil
  • Advertising
  • Animal Laws
  • Aviation
Arnab  Banerjee

Arnab Banerjee

Advocate
Exp
Kolkata , West Bengal

Specialization

  • Election Campaign and Political Laws
  • Criminal
  • Administrative Law
  • Arbitration And Mediation
  • Animal Laws
i am good at research work and documentation work of all kind. View Full Profile
Total Answers Given : 9
Meenakshi  Garg

Meenakshi Garg

Advocate
Exp
North Delhi , Delhi

Specialization

  • Election Campaign and Political Laws
  • Divorce
  • Cheque Bounce
  • Civil
  • Debt And Lending Agreement
Total Answers Given : 46
Manoj  Ojha

Manoj Ojha

Lawyer
Exp
Cuttack , Orissa

Specialization

  • Election Campaign and Political Laws
  • Civil
  • Administrative Law
  • Advertising
  • Contracts And Agreements
I am practicing and handling cases independently with a result oriented approach, both professionally and ethically and has now acquired excellent professional experience in providing legal consultancy and advisory services. View Full Profile
Total Answers Given : 2
Sunil  Jain

Sunil Jain

Lawyer
Exp
Ghaziabad , Uttar Pradesh

Specialization

  • Election Campaign and Political Laws
  • Criminal
  • Sex Crime
  • Bankruptcy And Debt
  • Civil
I am a criminal lawyer by profession based in Ghaziabad with appearance before all Courts and Tribunals in Delhi / NCR including Allahabad High Court and adjoining Districts of Western Uttar Pradesh like Meerut Moradabad Bulandshahr Muzzafarnagar Hapur Noida. View Full Profile
Romesh Pratap  Singh

Romesh Pratap Singh

Lawyer
Exp
Gwalior , Madhya Pradesh

Specialization

  • Election Campaign and Political Laws
  • Criminal
  • Admiralty And Maritime
  • Administrative Law
  • Arbitration And Mediation
Lawyer for High Court deal the criminal , civil , service and writ matter and also deal matter in District and Session Court and Family Court View Full Profile
Shanti Ranjan  Behera

Shanti Ranjan Behera

Advocate
Exp
Bhubaneswar , Orissa

Specialization

  • Election Campaign and Political Laws
  • Criminal
  • International Laws
  • Military Laws
  • Power Of Attorney
In Practice since last 20+ years. I can handle Civil,Criminal,Election ,Family Law,Human Rights,International Law,MACT,Right to Information ,Railway Claims Tribunal, Banking & Negotiable Instruments, PIL, etc.in the High Court as well as in district Courts in Odisha and other neighbouring states. View Full Profile
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  • What is election law?
  • What are the applicable laws in India on election?
  • How do you explain election laws in India briefly?
  • How the electoral system operates?
  • When do elections take place?

What is election law?


Elections are the sine qua non of the Indian State as India is a functional democracy. Hence there are several statutes, guidelines, and principles which aim at facilitating the correct process of election.

Some of the applicable laws to this topic:

  • Presidential and Vice-Presidential Elections Act 1952
  • Representation of the People Act 1951
  • The Registration of Electors Rules 1960
  • Conduct of Elections Rules 1961
  • Election Symbols (Reservation and Allotment) Order 1968
  • The Parliament (Prevention of Disqualification) Act, 1959
  • Indian Penal Code (Chapter IXA)
  • Indian Constitution (Part XV)

Brief overview of Election Laws in India:


Election Commission of India, an autonomous entity constituted as per the Constitution of India is the primary agency w.r.t Elections in India. This body is a federal authority which holds the task of fair administration of the electoral processes in India.

No party is allowed to make usage of government resources for their campaigning, govt. cannot start a project at the time of the election period. As per the guidelines, campaigning must stop at 6:00 pm on 2nd last day before the polling day. The collector of each district is the head of the polling processes in his district.

Supreme Court on 27th September 2013 recognised the right of negative voting. The option of utilising a ‘None of the above’ (NOTA) option was recognised as per which the voters can choose not to cast their vote for a particular political party. In cases where the NOTA votes exceed the votes which the party with the highest votes received, then the concerned party shall be asked to form govt. instead of a re-election.

As per the 2010’s amendment of the Representation of the People Act, Non-Resident Indians can now vote in elections however they would have to be physically present at the time of voting. Donations of any amount are allowed for election purposes, however, as per Section 29C of the Representation of the People Act 1951, any contributions above Rs. 20,000 to a political party has to be reported.

Chapter IXA of the Indian Penal Code 1860 deal with offences relating to elections. They recognise offences such as bribery, exercising undue influence, false statements in connection to an election, and so on.

Opinion polling on the Election Day is not allowed. Contacting voters with a bonafide intention such as assisting them in reaching the polling place is permissible.

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