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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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Consult Top Immigration Lawyers in India

HARISH  KAUSHIK

HARISH KAUSHIK

Advocate
Exp
Central Delhi , Delhi

Specialization

  • Immigration
  • 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
Shehbaaz  Sayed

Shehbaaz Sayed

Advocate
Exp
Mumbai , Maharashtra

Specialization

  • Immigration
  • Criminal
  • Administrative Law
  • Adoption
  • Advertising
I am practicing in High Court and all other Courts in Maharashtra. View Full Profile
Biswajit  Das

Biswajit Das

Advocate
Exp
Nalbari , Assam

Specialization

  • Immigration
  • Criminal
  • Bankruptcy And Debt
  • Landlord And Tenant
  • Contracts And Agreements
With warm Regards, I am Biswajit Das, my principal place of practice is Gauhati High Court. Practicing in the field of Criminal and Civil Law, writs, constitutional Law, service matters, company matters, Cheque bounce cases, Domestic violence matters, Bank Debts matters,MACT matters. View Full Profile
Total Answers Given : 15
SUBRATHA  RAY

SUBRATHA RAY

Legal Counsel , Lawyer
Exp
Delhi , Delhi

Specialization

  • Immigration
  • Criminal
  • Sexual Harassment at Workplace
  • Divorce
  • Banking
Practicing Lawyer & mastering the law skills in the field of Criminal & Civil Laws. Appointed for Pro Bono Legal Services by Ministry Of Law & Justice, (Department of Justice). Expertise in Bail's & Anticipatory Bails, Civil Cases, Divorce , Patent & Trademark &Copyrights Law, Legal Draftings. View Full Profile
Total Answers Given : 13
ANSHUMITA  SINGH

ANSHUMITA SINGH

Immigration Lawyer & Solicitor
Exp
Noida , Uttar Pradesh

Specialization

  • Immigration
  • Contracts and Agreements
  • Arbitration And Mediation
  • Environment And Natural Resources
  • International Laws
I am an experienced Lawyer having specialised hard core experience of 8 years in Immigration Law and 11 plus years of experience in the legal industry. Have handled a variety of cases and matters pertaining to Immigration Law, Contract Law, Family Law, Consumer disputes and Maritime & Shipping cases View Full Profile
Total Answers Given : 4
Mohit  kumar

Mohit kumar

Sr. Advocate in Punjab and Haryana High Court
Exp
Chandigarh , Chandigarh

Specialization

  • Immigration
  • Criminal
  • Bankruptcy And Debt
  • Financial Markets And Services
  • International Laws
I am Mohit kumar have 4 years of experience in assisting various central governments standing counsel (CGSCS). I am experienced in disputing for both prosecution and Defense, also fought cases at various High Courts. I am working at the moment in Punjab and Haryana High Court, Chandigarh View Full Profile
Deepti  Dogra

Deepti Dogra

Advocate
Exp
Delhi , Delhi

Specialization

  • Immigration
  • Divorce
Advocate Deepti Dogra has been into the advisory and Litigation field since from past 12 years. She has done Law from Delhi University and L.L.M from Mewar Law Institute. She has been interned under Justice Kailash Gambhir. View Full Profile
Naasha  Anklesaria

Naasha Anklesaria

Associate
Exp
Ernakulam , Kerala

Specialization

  • Immigration
  • Financial Markets and Services
  • Administrative Law
  • Advertising
  • Animal Laws
Varied experience in filings before the District and High Court(s) as well as Corporate experience. Please refer to "Secondary Expertise" or contact me for clarifications. View Full Profile
Velli  Doss

Velli Doss

Lawyer
Exp
Chennai , Tamil Nadu

Specialization

  • Immigration
  • Family
  • Commercial
  • Customs, Excise
  • Debt Collection
I am having more than 10 years experience in family cases and also civil and criminal case View Full Profile
Vikas  Rana

Vikas Rana

ADVOCATE
Exp
Una , Himachal Pradesh

Specialization

  • Immigration
  • Cheque Bounce
  • Consumer Protection
  • Administrative Law
  • Civil
Doing Practice as a Advocate at District Courts, Una, (HP) View Full Profile
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  • What are Immigration Laws?
  • What are the applicable laws for Immigration?
  • What areas are covered by the Immigration Laws?

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

About the Immigration Laws


Immigration laws are policies guiding the event of foreign nationals migrating into a country. Immigration laws deal with the process of allowing the said migration and also at times the punishment of unauthorised usage of the national territory. There are various ‘Push & Pull Mechanisms’ influencing the act of migration.

What are the applicable laws to Immigration?


  • The Foreigners Act, 1946
  • The Passport (Entry into India) Act, 1920
  • The Extradition Act, 1962
  • The United Nations (Privileges and Immunities) Act, 1947
  • The Indian Constitution
  • The Immigrants (Expulsion from Assam) Act, 1950
  • The Immigration (Carriers’ Liability) Act, 2000

Some important facts of Immigration Laws


  • There are different types of Visas, for eg – Tourist Visa (T Visa), Entry (X) Visa, Student Visa (S Visa), etc. however there is a special type of Visa called ‘Tourist Visa on Arrival’ for nationals of some countries like Japan, Laos, Myanmar, etc., which can be allowed for a maximum validity of 30 days at Delhi, Mumbai, Chennai, and Kolkata Airports.
  • Persons of Indian Origin (PIO) – the PIO Card Scheme, 2002 provides persons of Indian origin in possession of any other country’s passport, certain benefits like not requiring a separate VISA to visit India if they have the PIO Card with them.
  • As per the provisions of ‘The Immigrants (Expulsion from Assam) Act, 1950’, Central Government can order certain immigrants to be subjected to expulsion from Assam.
  • The Nationals of Nepal & Bhutan do not require Visa to enter the Indian Territory.
  • As per the policy of ‘Overseas Citizenship of India’, persons of Indian origin in certain countries can apply for a type of dual citizenship as per which they get certain rights such as being free from a lot of visa registration requirements, however, they will not have the right to vote in Indian elections or acquire certain kinds of real estate.
  • As per Section 2(d) of Extradition Act 1962, an Extradition Treaty refers to an understanding between India & a Foreign State as per which fugitive criminals can be extradited to & from India. Immigrants will be subject to this policy.

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