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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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Consult Top Government Contracts Lawyers in India

V.K  Singh

V.K Singh

Law firm
Exp
Delhi , Delhi

Specialization

  • Government Contracts
  • 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
Sanjeev  Srivastava

Sanjeev Srivastava

Lawyer
Exp
Delhi , Delhi

Specialization

  • Government Contracts
  • Contracts and Agreements
  • Commercial
Practicing in Delhi Ghaziabad & Noida CIVIL AND CORPORATE , RERA, DRT, PROPERTY, ARBITRATION, NCLT, DRT, SUPREME COURT, CHEQUE BOUNCE, FAMILY -MATRIMONIAL View Full Profile
HARISH  KAUSHIK

HARISH KAUSHIK

Advocate
Exp
Central Delhi , Delhi

Specialization

  • Government Contracts
  • 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
Hari Bhawan  Pandey

Hari Bhawan Pandey

Lawyer
Exp
Allahabad , Uttar Pradesh

Specialization

  • Government Contracts
  • Civil
  • Commercial
  • Consumer Protection
  • Cheque Bounce
I am practising in Allahabad High Court Allahabad since 2002 the date of Enrollment in Bar Council of Uttar Pradesh. I am giving my best service in CRIMINAL and Service Matters including Central Administrative Tribunals Allahabad. View Full Profile
naidu  n

naidu n

Senior Legal Consultant
Exp
Hyderabad , Telangana

Specialization

  • Government Contracts
  • 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
Kunwar  Chandresh

Kunwar Chandresh

Advocate & Arbitration counsel, Ex-IES, Executive Engineer
Exp
South Delhi , Delhi

Specialization

  • Government Contracts
  • Commercial
  • International Laws
  • IT Contracts
  • Transportation
Kunwar Chandresh helps client in Contract Management, Dispute Avoidance, Negotiation, Claim Preparation & Documentation for Arbitration and litigation in Courts of Delhi including NCLT and Commercial courts. He also appears before various courts mostly for civil matters. He is a member MCIArb (UK). View Full Profile
Total Answers Given : 1
A.G.SYAM  KUMAR

A.G.SYAM KUMAR

Advocate
Exp
Thiruvananthapuram , Kerala

Specialization

  • Government Contracts
  • Advertising
  • Maternity
  • Sale
  • Software License
mudassir  hussain

mudassir hussain

Associate
Exp
Bangalore , Karnataka

Specialization

  • Government Contracts
  • Intellectual Property, Copyright, Patent, Trademar
  • International Laws
  • Bankruptcy And Debt
  • Consumer Protection
Working as an associate at Lawyers Transcontinental and have been involved in corporate law, tech law and general litigation. View Full Profile
Total Answers Given : 3
Neha  Roy Choudhury

Neha Roy Choudhury

Advocate
Exp
Allahabad , Uttar Pradesh

Specialization

  • Government Contracts
  • Employment and Labour
  • Cheque Bounce
  • Advertising
  • Arbitration And Mediation
I am practicing since 2015. I am associate lawyer of Mr. Ashok Khare. i am an independent lawyer as well , and i do miscellaneous matters. View Full Profile
Total Answers Given : 1
Sunil  Jain

Sunil Jain

Lawyer
Exp
Ghaziabad , Uttar Pradesh

Specialization

  • Government Contracts
  • 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
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  • What are Government Contract?
  • Which laws govern Government Contract?
  • What areas are covered by the Government Contract?

Vidhikarya will help you find a most suitable lawyer, for you in your city, who will be able to answer all your Government Contract related queries and also guide you on how to resolve this matter with ease.

About the Government Contract


The Government has never been considered as an ‘honest man’. In England, this principle was duly accepted and it was observed that for the protection of the rule of law, the Crown must be subjected to reasonable amounts of legal liabilities.

Contractual liability of the Union of India and States is perceived by the Constitution itself. Article 298 explicitly gives that the executive power of the Union and of each State should reach out to the carrying on of any exchange or business and the obtaining, holding and transfer of property and the making of agreements for any reason.

There are no special laws for governing Government contracts.

What are the applicable laws to Government Contract?


Indian Contract Act, 1872
Since, there are no direct laws, and Government Contract being contractual relationships are governed by the said act. As per the said act, an agreement which is enforceable in law is a contract.

The General Clauses Act, 1897
The said act applies to documents which means to include any matter written, expressed or described upon any substance by means of letters, figures or marks, or by more than one of those means which is intended to be used, or which may be used, for the purpose or recording that matter.

Some important facts and cases under Government Contract law


In the case of State of Bihar v Majeed[5], the Hon'ble Supreme court held that;

"It may be noted that like other contracts, a Government Contract is also governed by the Indian Contract Act, yet it is distinct a thing apart. In addition to the requirements of the Indian Contract Act such as offer, acceptance and consideration, a Government Contract has to comply with the provisions of Article 299. Thus, subject to the formalities prescribed by Article 299 the contractual liability of the Central or State Government is same as that of any individual under the ordinary law of contract."

Supreme Court in the case of State of Bihar v. Majeed observed that a Government Contract is essentially like other Contracts hence it does come under the purview of the Indian Contract Act. However, in addition to having said that, it was also duly noted that a Government Contract is of a special nature hence it has to take into considerations not only the provisions of the Indian Contract Act but also the Constitution of India through Article 299.

It was held by the Hon'ble Supreme Court in the case of K.P.Chowdhary v State of Madhya Pradesh that, "In view of the provisions of Article 299(1) there is no scope for any implied contract. Thus, no contract can be implied under this Article.if the contract between the Government and a person is not incompliance with Article 299(1), it would be no contract at all and would not be enforceable as a contract either by the Government or by the person."

Another distinct feature about Government Contracts is the non-recognition of implied Contracts. Supreme Court in the case of K.P. Chowdhary v. State of Madhva Pradesh observed that implied Contracts enjoy no place under Article 299(1). Hence, no contract between the Government and a person would be in compliance as per the provisions of Article 299 if the concerned contract would be an implied contract, and an implied Government contract wouldn’t be a valid contract hence would not enjoy legal enforceability.

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