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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

13 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 Industrial Lawyers in India

Bharat  Majmundar

Bharat Majmundar

Advocate
Exp
Vadodara , Gujarat

Specialization

  • Industrial Laws
  • Civil
  • Family
  • Criminal
  • Power Of Attorney
• Pleading on the platforms including Civil Suits, Labour Laws, Motor Accident Claims, Consumer Protection Claim, Accident, Cheque Return cases under The Negotiable Instruments Act, Divorce, Documentation, Family Court Cases, Gift Deed, Industrial Laws, Medical Legal Cases, Land related matters et View Full Profile
Total Answers Given : 1
HARISH  KAUSHIK

HARISH KAUSHIK

Advocate
Exp
Central Delhi , Delhi

Specialization

  • Industrial 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
Hari Bhawan  Pandey

Hari Bhawan Pandey

Lawyer
Exp
Allahabad , Uttar Pradesh

Specialization

  • Industrial Laws
  • 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
Gubbi S  Subba Rao

Gubbi S Subba Rao

Attorney @ Law, Advocate, Ombudsman, Neutral, Mediator & Arbitrator
Exp
Bangalore , Karnataka

Specialization

  • Industrial Laws
  • Divorce
  • Criminal
  • Commercial
carries an experience of 25+ years of professional baggage.My practice areas include both Indian Laws and International Laws. In the latter, i take up legal matters of trade, commerce & industry AND family, property laws that come under Private International Laws covering cross borders. View Full Profile
Aditya  Shrivastava

Aditya Shrivastava

Advocate
Exp
Raipur , Chhattisgarh

Specialization

  • Industrial Laws
  • Civil
  • Commercial
  • Debt Collection
  • Maternity
Hey everyone, I am from Raipur, Chhattigarh, my born and brought up is Raipur only, I have done B.B.A-LL.B (Hons.) [honors in corporate law] from MATS Law School, MATS University. View Full Profile
Keshrichand  Dongre

Keshrichand Dongre

ADVOCATE
Exp
Thane , Maharashtra

Specialization

  • Industrial Laws
40 years of experience in the Area of IR, Administration, Legal Matters in the Government Department and Private Organization. Currently practicing at Mumbai, Thane, Kalyan & ulhasnagar court. View Full Profile
Total Answers Given : 1
Prodyut  Banerjee

Prodyut Banerjee

Advocate
Exp
Kolkata , West Bengal

Specialization

  • Industrial Laws
  • Corporate and Incorporation
  • Commercial
  • Bankruptcy and Debt
  • Arbitration and Mediation
I am a Corporate Lawyer and Company Secretary having an experience of about sixteen years. Practicing at Calcutta High Court, NCLT and other Courts. I am dealing with all Commercial, Business and Corporate Legal matters. I am also dealing with Criminal matters involving White Collar Crime View Full Profile
Total Answers Given : 10
Kalpesh  Gaikwad

Kalpesh Gaikwad

Advocate
Exp
Aurangabad , Maharashtra

Specialization

  • Industrial Laws
  • Criminal
  • Civil
  • Adoption
  • Arbitration And Mediation
I am an practising Lawyer at Bombay High Court Aurangabad Bench as well as District and Sessions Court Aurangabad , Maharashtra View Full Profile
Total Answers Given : 10
Sameer  Sharma

Sameer Sharma

Advocate
Exp
West Delhi , Delhi

Specialization

  • Industrial Laws
  • Cheque Bounce
  • Criminal
  • Family
  • Arbitration and Mediation
Total Answers Given : 4
Manoj  Ojha

Manoj Ojha

Lawyer
Exp
Cuttack , Orissa

Specialization

  • Industrial 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
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  • What are Industrial Laws?
  • What is an “Industry”?
  • What areas are covered by the Industrial Laws?

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

About the Industrial Laws


As per Section 2 (j) of the Industrial Disputes Act 1947, ‘industry’ refers to any trade, undertaking, business, manufacture, or calling of employers and includes any service, employment, calling, handicraft or industrial occupation or avocation of workmen”.

What are the applicable laws to the Industrial Sector?


  • Minimum Wages Act 1948
  • Payment of Bonus Act 1972
  • Factories Act 1948
  • Mines Act 1952
  • Employee’s Provident Funds and Miscellaneous Provisions Act 1952
  • Industrial Disputes Act 1947
  • The Contract Labour (Prohibition and Regulation) Act 1970

Some important facts of Industrial Laws


Industrial Disputes Act is the primary law with respect to the topic of Industrial laws. It is an Act to make arrangement for the examination and settlement of industrial question, and for certain different purposes. Section 7A of the Act makes provision for setting up of tribunals to ensure delivery of justice.

The Industrial Disputes Act is applicable to the whole of India, the different provided forms of dispute resolution are collective bargaining, arbitration, conciliation, adjudication, mediation, etc. Collective dealing is a strategy by which disputes of employment are settled genially, calmly and intentionally by settlement between worker's organizations and administrations. The technique for collective haggling in settling the Industrial question, while keeping up industrial peace has been perceived as the bed shake of the Act. Under the arrangement of the Act, the settlement touched base at by procedure of collective bartering with the business has been given a statutory acknowledgment under Section 18 of the Act. Section 6 of the Act enables the administration to constitute a court of request, for inquisitive into any issue relating to an Industrial Dispute. The technique of the court of request has likewise been endorsed by Section 11. While the report of the court isn't binding on the parties, many time it results in an agreement.

The aim of monitoring contract labour is achieved through, The Contract Labour (Prohibition and Regulation) Act 1970. Certain provisions of the Employees Provident Fund Act talk about the kind of retirement benefits.

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