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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
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
Consult Top Work Permits Lawyers in India
anil reddy s
Specialization
- Work Permits
- Property
- Advertising
- Debt And Lending Agreement
- Environment And Natural Resources
gunjan shah
Specialization
- Work Permits
- Divorce
- Arbitration And Mediation
- Commercial
- Debt And Lending Agreement
Aditya Shrivastava
Specialization
- Work Permits
- Civil
- Commercial
- Debt Collection
- Maternity
Vinay Pratap Singh
Specialization
- Work Permits
- Civil
- Advertising
- Animal Laws
- Aviation
Abhijit Banerjee
Specialization
- Work Permits
- Arbitration and Mediation
- Cheque Bounce
- Civil
- Commercial
Tabassum Sultana
Specialization
- Work Permits
- Civil
- Contracts and Agreements
- Consumer Protection
- Muslim Laws
Advocate Ganesh Kumar Dhruwanshi
Specialization
- Work Permits
- Criminal
Sunil Jain
Specialization
- Work Permits
- Criminal
- Sex Crime
- Bankruptcy And Debt
- Civil
Shehbaaz Sayed
Specialization
- Work Permits
- Criminal
- Administrative Law
- Adoption
- Advertising
Murugesh Ramiah
Specialization
- Work Permits
- Family
- Contracts and Agreements
- Landlord and Tenant
- Will
- What is Work Permit Laws?
- What are the Laws applicable to Work Permit?
- What is Business Visa?
- What is Employment Visa?
What is Work Permit Laws?
Non-nationals of India require the appropriate form of permission from the Indian government to carry on their work. These permissions are regulated by the Work Permit Laws. There are two major visas for those non-nationals planning on working in India, they are the ‘Business Visa’ & the ‘Employment Visa’.
What are the applicable laws to the Work Permit?
- Double Taxation Avoidance Agreement
- 1950 Indo-Nepal Treaty of Peace and Friendship – Work Visa not required for Nepal’s citizens
- Passport (Entry into India) Act 1950
- Registration of Foreigners Rules 1992
- Foreigners Act 1946
What is Business Visa?
Business visa is given strictly to those who make business related trips to India such as making sales or establishing contact on behalf of the company outside India.
To be eligible for Business visa, applicant should satisfy the following conditions:
- The applicant should be a person of assured financial standing and has expertise in the field of the intended business.
- The applicant is not visiting India for the business of money lending or petty trading or for a full-time employment in India including payment of salary in India.
- The applicant will have to comply with all other requirements like payment of tax liabilities etc.
- The grant of Business Visa is subject to any instructions issued by the Government of India on the basis of reciprocity with other foreign countries from time to time.
What is Employment Visa?
Employment Visa (E) Employment visas are issued to foreigners who are working in India, for an organization registered in India. Employment visas are usually granted for one year, or the term of the contract. It can be extended in India.
Features of Business Visa:
There are certain conditions for fulfilment for the grant of a Business Visa. Some of them are-
- Foreign national must have valid travelling documents and a re-entry permit if required under the law of the country of nationality of the applicant
- Foreign national must comply with requirements such as payment of tax liabilities and other things as required by law of the land.
- Grant of Business Visa is subject to any instructions issued by the Government of India on the basis of reciprocity with other foreign countries from time to time.
- Foreign nationals coming to India for recruitment of manpower are eligible for Business Visa
- A Business Visa can be granted for a period up to 5 years or a shorter duration as per requirement. Indian Missions abroad can grant Business Visa with 10 years validity to Nationals of the United States of America, however, it should be issued with the stipulation that each visit shall not exceed 6 months.
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For Business Visas, not for a period less than 5 years, to get extension, the following should be satisfied-
- Gross Sales/turnover from business activities isn’t less than Rs. 1 Crore per annum(within 2 years of setting up the business)
- 1st extension to be granted by the Ministry of Home Affairs, with further extensions (if required) being granted by the State Govt./ Union Territory Administration/ FRROs/ FROs. The period of extension shall not be beyond 5 years from date of issue of Business Visa.
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Documents required for application for a Business Visa-
- Valid travel document and a re-entry permit, if required under the law of the country concerned
- Proof of financial standing and expertise in the field of intended business
- Documents/papers pertaining to proposed business activity such as the registration of the company under the Companies Act, proof of registration of the firm with the State Industries Department or the Export Promotion Council concerned or any recognised promotional body in the relevant field of industry or trade etc.
Features of Employment Visa
There are certain conditions for fulfilment for the grant of an Employment Visa. Some of them are-
- The applicant must be a highly skilled and/or qualified professional who is being engaged or appointed by an organization in India on contract or employment basis
- Employment Visa shall not be granted for jobs for which qualified Indians are available, it shall also not be granted for routine, or clerical jobs
- Foreign national must comply with legal requirements like payment of tax liabilities.
- Foreign national having the employment visa must be drawing the a salary in excess of US $ 25,000 per annum with the exception of (a) Ethnic Cooks, (b) Language Teachers/Translators, (c) Staff working for an Embassy
- Duration of an employment visa may be up to 5 years, multiple employments visa’s for a period of 180 days or less may be issued.
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Documents required for application of Employment Visa –
- Valid travel document and a re-entry permit, if required under the law of the country concerned.
- Proof of the employment of the foreign by a relevant organization
- Documentary proof of his educational qualifications and professional expertise
- No change of employer shall be permitted during the currency of the Employment Visa within India except in respect of charge of employment between a registered holding company and its subsidiary and vice-versa or between subsidiaries of a registered holding company.
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