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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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Fareed  Ahmed

Fareed Ahmed

Verum Legal Associates - Partn
Exp
Mumbai City , Maharashtra

Specialization

  • International Laws
  • Civil
  • Debt And Lending Agreement
  • Financial Markets And Services
  • Mergers And Acquisition
Total Answers Given : 3
HARISH  KAUSHIK

HARISH KAUSHIK

Advocate
Exp
Central Delhi , Delhi

Specialization

  • International 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
Asha Narayan Nair

Asha Narayan Nair

BA.LLM (Senior Advocate)
Exp
Mumbai City , Maharashtra

Specialization

  • International Laws
  • Criminal
  • Advertising
  • Animal Laws
  • Debt and Lending Agreement
Anilesh  Tewari

Anilesh Tewari

Advocate, Founder AT Law Chamber
Exp
Lucknow , Uttar Pradesh

Specialization

  • International Laws
  • Cheque Bounce
  • Real Estate
  • Consumer Protection
  • Contracts and Agreements
Advocate Anilesh Tewari has been practicing and handling cases independently with a result oriented approach, both professionally and ethically and has now acquired many years of professional experience in providing legal consultancy and advisory services. He is an alumni of Jamia Millia Islamia. View Full Profile
Sampa Ghosh  Supreme court lawyer

Sampa Ghosh Supreme court lawyer

Advocate
Exp
Kolkata , West Bengal

Specialization

  • International Laws
  • Divorce
  • Criminal
  • Property
  • Administrative Law
Expertise In Civil & Criminal Cases & Passionate to work in Supreme Court Cases. View Full Profile
Namitabh  Kothari

Namitabh Kothari

Advocate
Exp
Mumbai suburban , Maharashtra

Specialization

  • International Laws
  • Civil
  • Criminal
  • Divorce
  • Cheque Bounce
18 Years of Legal Practice - Expert in Civil, Criminal, Family and all other types of Court cases Handling matters in Bombay High Court and all other Courts in Mumbai - Thane - Navi Mumbai - Pune View Full Profile
Total Answers Given : 75
PARDEEP KUMAR DHINGRA

PARDEEP KUMAR DHINGRA

PARTNER WITH LAW FIRM
Exp
South Delhi , Delhi

Specialization

  • International Laws
  • Arbitration and Mediation
  • Bankruptcy and Debt
  • Contracts and Agreements
  • Commercial
16 years of Experience in fields of International & Domestic Arbitrations, Corporate & Commercial Litigation, Acquisition, Merger/Demerger, Regular Litigation in Property, Real Estate, Trade Mark, Copy Right, Recovery, Civil disputes, Contracts, Writ, LPA, SLP, FDI, ODI, NCLT (IBC, Insolvency)etc. View Full Profile
Total Answers Given : 2
Vinay  Pratap Singh

Vinay Pratap Singh

ADVOCATE
Exp
Bhopal , Madhya Pradesh

Specialization

  • International Laws
  • Civil
  • Advertising
  • Animal Laws
  • Aviation
Raghu  Rajegowda

Raghu Rajegowda

Advocate ( Lawyer)
Exp
Bangalore , Karnataka

Specialization

  • International Laws
  • Civil
  • Criminal
  • Real Estate
  • Intellectual Property, Copyright, Patent, Trademar
Advocate Raghu Rajegowda has been practicing and handling cases independently with a result-oriented approach, both professionally and ethically and has now acquired many years of professional experience in providing legal consultancy and advisory services. View Full Profile
Total Answers Given : 18
Arnab  Banerjee

Arnab Banerjee

Advocate
Exp
Kolkata , West Bengal

Specialization

  • International 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
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  • What is International Law or Law of Nations?
  • What is the Constitutional Recognition of International Law?
  • What are the Examples of International Law?

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

About the International Laws


As per Black’s Law Dictionary, International Law refers to laws governing and determining the rights of independent nations during war or peace times. As per Oppenheim, “Law of Nations or international law is the name for the body of customary and conventional rules which are considered legally binding by civilized States in their intercourse with each other.”

The case of Queen v. Keyn observed that the “law of nations is the collection of usages which civilized State have agreed to observe in their dealings with one another.”

Constitutional Recognition of International Laws


Article 246 along with Entry 14 List I of the Constitution of India makes it very clear that the power of legislating upon international treaties rests solely with the Union Government. Article 253 of the Indian Constitution says the following-

Legislation for giving effect to international agreements notwithstanding anything in the foregoing provisions of this Chapter, Parliament has power to make any law for the whole or any part of the territory of India for implementing any treaty, agreement or convention with any other country or countries or any decision made at any international conference, association or other body.

Constitutional Recognition of International Laws


Law of the Sea is an example of international law. The mammoth policy provider in this domain is U.N. Conference held in Geneva in the year 1958 as well as the one held in 1960 in the same place. These conferences provided for different conventions like –

  • Convention on the Territorial Sea and Contiguous Zone,
  • Convention on the High Seas,
  • Convention on Fishing, and
  • Convention on the Continental Shelf. As per United Nations guidelines, 12 nautical miles from the baseline of a coastal is regarded as the sovereign territory of that State.

Some important facts and cases about and under International law


Supreme Court in the case of Vishaka v. State of Rajasthan (w.r.t sexual harassment at workplaces) observed that-

In the absence of domestic law occupying a field, to formulate effective measures to check the evil of sexual harassment of working women at all work places, the contents of International Conventions and norms are significant for the purpose of interpretation of the guarantees provided by the Constitution. It was observed that any international convention not inconsistent with the fundamental rights and in harmony with its spirit must be read into these provisions to enlarge the meaning and content thereof, to promote the various constitutional guarantees and safeguards.

Many times the principles of international treaties and conferences are exercised through local enactments and legislations. For example, to uphold the principles of Convention on Cybercrime (Budapest Convention on Cybercrime/Budapest Convention), India enacted the Information Technology Act of 2000.

Supreme Court in the case of ‘A.P. Pollution Control Board v. Prof. M.V. Nayadu’ recognised the international customary rule of ‘precautionary principle’.

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