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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 Maternity Lawyers in India

anil reddy  s

anil reddy s

Proprietor
Exp
Bangalore , Karnataka

Specialization

  • Maternity
  • Property
  • Advertising
  • Debt And Lending Agreement
  • Environment And Natural Resources
Total Answers Given : 14
HARISH  KAUSHIK

HARISH KAUSHIK

Advocate
Exp
Central Delhi , Delhi

Specialization

  • Maternity
  • 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
Girish  Shetty

Girish Shetty

Advocate
Exp
Bangalore , Karnataka

Specialization

  • Maternity
  • Civil
  • Tax-Sales Tax
  • Police Laws
Girish N Shetty- Advocate & Legal Consultant, Co-founder of A & G Law Associates, Law Graduate and Master degree in commerce from Bangalore University. Area of Practice: Taxation, Civil and Criminal, Labour Law, Cheque dishonor case and Debt Recovery matter. Mobile: 9980845033 View Full Profile
Braj  Nandan

Braj Nandan

Advocate
Exp
Lucknow , Uttar Pradesh

Specialization

  • Maternity
  • Divorce
  • Domestic Violence
  • Family
  • Consumer Protection
I am specialist in family matter and consumer case. Hence, What I think, What I want, I achieved any how... View Full Profile
Total Answers Given : 2
Aditya  Shrivastava

Aditya Shrivastava

Advocate
Exp
Raipur , Chhattisgarh

Specialization

  • Maternity
  • Civil
  • Commercial
  • Debt Collection
  • Outsourcing Agreement/Laws
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
Vinay  Pratap Singh

Vinay Pratap Singh

ADVOCATE
Exp
Bhopal , Madhya Pradesh

Specialization

  • Maternity
  • Civil
  • Advertising
  • Animal Laws
  • Aviation
A.G.SYAM  KUMAR

A.G.SYAM KUMAR

Advocate
Exp
Thiruvananthapuram , Kerala

Specialization

  • Maternity
  • Advertising
  • Sale
  • Software License
  • Torts
RANPAL  AWANA

RANPAL AWANA

Advocate
Exp
Gautam Buddha Nagar , Uttar Pradesh

Specialization

  • Maternity
  • Cheque Bounce
  • Civil
  • Consumer Protection
  • Criminal
Total Answers Given : 1
Neeraj  Kumar

Neeraj Kumar

Advocate
Exp
Patna , Bihar

Specialization

  • Maternity
  • Cheque Bounce
  • Employment and Labour
  • Bankruptcy and Debt
  • Contracts and Agreements
I am a practicing Advocate at Patna High Court & Delhi High Court having experiences in handling the cases related with Family Disputes, Property Disputes, Service Matters and also the matter related under SARFAESI Act. Apart from the above I am having experiences in Consumer and Labor Cases too. View Full Profile
Total Answers Given : 129
Meenakshi  Garg

Meenakshi Garg

Advocate
Exp
North Delhi , Delhi

Specialization

  • Maternity
  • Divorce
  • Cheque Bounce
  • Civil
  • Debt And Lending Agreement
Total Answers Given : 48
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  • What is Maternity Laws?
  • What is the need for Maternity Laws?
  • How is Maternity Laws legally recognized in India?
  • What are the benefits of Maternity Laws?

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

About the Maternity Laws


India now qualifies among the 16 countries having the longest paid leave for new mothers, ensuring a smooth transition when they finally return to work. The primary statute under this statute is “The Maternity Benefit Act it was declared a valid law since March 27, 2017 when the President gave his assent to this bill.

Regularizing and Legal Recognition of Maternity Laws


Maternity Benefit (Amendment) Act, 2017: Some of the major highlights of this Act are:

  • Creche facility – New Act makes crèche facility a compulsory feature for every organisation involving 50 or more employees, with women employees being allowed to visit it 4 times during a day.
  • Option of working from home – there is now a provision for women which allows them to work from home after the period of ’26 weeks’ leave period ends.
  • Increased Paid Maternity Leave- As per the new provisions, period of the paid maternity leave has been increased to 26 weeks.
  • Provision for adoptive & commissioning mother – provides for 12 weeks of maternity leave for women from the date of adoption.
  • It also makes spreading of awareness about the maternity benefits available a compulsory activity.

Some facts about Maternity Laws


Khaitan Law Firm’s comment on the new Act:

Various aspects of the MB Amendment Act need further clarity, for example, period up to which the crèche facility could be extended to the concerned woman as well as the aspect of availability, frequency and extent of nursing breaks. It is also unclear whether increased maternity benefits will apply to women who are presently undergoing maternity leave. Employers may have to wait until the rules are issued clarifying the position on the arrangements which could be made with third party service providers for crèche facilities with specific requirements in terms of distance from workplace, dimensions and other related aspects.

Moreover, the rationale for having separate effective date for implementing "work from home" option is also unclear, given the fact that work from home is an enabling provision to encourage the employers to provide such option to a woman depending upon nature of work being handled by her and not a statutory requirement under the MB Amendment Act. We expect the Ministry of Labour to shortly come out with rules clarifying these aspects.

The MB Amendment Act has come into force from 1 April 2017. All establishments covered under the MB Amendment Act would be required to amend their existing maternity benefit policies in accordance with the MB Amendment Act with effect from 1 April 2017.

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