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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

14 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 Mergers and Acquisition Lawyers in India

Fareed  Ahmed

Fareed Ahmed

Verum Legal Associates - Partn
Exp
Mumbai City , Maharashtra

Specialization

  • Mergers and Acquisition
  • Civil
  • Debt And Lending Agreement
  • Financial Markets And Services
  • International Laws
Total Answers Given : 3
Precinct  Legal

Precinct Legal

Partner
Exp
Bangalore , Karnataka

Specialization

  • Mergers and Acquisition
  • Bankruptcy and Debt
  • Civil
  • Cheque Bounce
  • Contracts and Agreements
Precinct Legal is a full service law firm based out of Bangalore catering to all the legal needs, be it litigation or corporate. View Full Profile
HARISH  KAUSHIK

HARISH KAUSHIK

Advocate
Exp
Central Delhi , Delhi

Specialization

  • Mergers and Acquisition
  • 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

  • Mergers and Acquisition
  • Criminal
  • Advertising
  • Animal Laws
  • Debt and Lending Agreement
Kamendu  Joshi

Kamendu Joshi

Managing Partner
Exp
Ahmedabad , Gujarat

Specialization

  • Mergers and Acquisition
  • Real Estate
  • Contracts And Agreements
  • Corporate And Incorporation
  • Employment And Labour
Kamendu Joshi & Associates is a full service law firm, based at Ahmedabad (Gujarat) offering the most trusted legal service to clients across the Country including Delhi (NCR), Mumbai, Pune, Chennai, Kolkata, Bangalore, Surat, Vadodara.We are distinguished not only by the depth and scope of our leg View Full Profile
Anilesh  Tewari

Anilesh Tewari

Advocate, Founder AT Law Chamber
Exp
Lucknow , Uttar Pradesh

Specialization

  • Mergers and Acquisition
  • 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
PARDEEP KUMAR DHINGRA

PARDEEP KUMAR DHINGRA

PARTNER WITH LAW FIRM
Exp
South Delhi , Delhi

Specialization

  • Mergers and Acquisition
  • 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
gunjan  shah

gunjan shah

Advocate
Exp
North 24 Parganas , West Bengal

Specialization

  • Mergers and Acquisition
  • Divorce
  • Arbitration And Mediation
  • Commercial
  • Debt And Lending Agreement
Practicing as an advocate/private attorney at the Hon’ble High Court, Calcutta, District Courts, Tribunals such as Land Administrative Tribunals, Central and State Administrative Tribunals and Forums including The Consumer Forums and dealing in Arbitration matters as representing counsel. View Full Profile
Vinay  Pratap Singh

Vinay Pratap Singh

ADVOCATE
Exp
Bhopal , Madhya Pradesh

Specialization

  • Mergers and Acquisition
  • Civil
  • Advertising
  • Animal Laws
  • Aviation
Arnab  Banerjee

Arnab Banerjee

Advocate
Exp
Kolkata , West Bengal

Specialization

  • Mergers and Acquisition
  • 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 Mergers & Acquisitions Laws?
  • What is a merger?
  • What is an acquisition?
  • What is a takeover?
  • What is the need for Mergers & Acquisitions Laws?
  • How is Mergers & Acquisitions Laws legally recognized in India?

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

About the Mergers & Acquisitions Laws


The term 'merger' isn't characterized under the Companies Act, 1956 ("CA 1956"), and under Income Tax Act, 1961 ("ITA"). Be that as it may, the Companies Act, 2013 ("CA 2013") without entirely characterizing the term clarifies the idea. A 'merger' is a mix of at least two elements into one; the coveted impact being not only the gathering of advantages and liabilities of the particular elements, however association of such elements into one business. The conceivable goals of mergers are multidimensional - economies of scale, procurement of innovations, access to parts/markets and so forth. By and large, in a merger, the combining elements would stop to be in presence and would converge into a solitary surviving substance. There are several types of mergers, some of them are horizontal mergers take place between competing businesses, vertical mergers which refers to mergers between businesses that belong to different stages of the production process (a shoe company merging with a company manufacturing leather), conglomerate mergers which refers to merger between organisations belonging to unrelated industries.

Regularizing and Legal Recognition of Mergers & Acquisitions Laws

Sections 390 to 394 & Sections 230 to 234 of the Companies Act 1956 look into the regulation of mergers.

Since a merger essentially involves an arrangement between the merging companies and their respective shareholders, each of the companies proposing to merge with the other(s) must make an application to the Company Court5 having jurisdiction over such company for calling meetings of its respective shareholders and/or creditors. The Securities and Exchange Board of India (Substantial Acquisition of Shares and Takeovers) Regulations, 2011 (the Takeover Code) restricts and regulates the acquisition of shares, voting rights and control in listed companies. Section 395 of the Companies Act envisages a complete takeover or squeeze-out without resort to court procedures. Section 395 provides that if a scheme or contract involving the transfer of shares or a class of shares in a company (the ‘transferor company’) to another company (the ‘transferee company’) is approved by the holders of at least 9/10ths (in value) of the shares whose transfer is involved, the transferee company may give notice to the dissenting shareholders that it desires to acquire the shares held by them.

Under the Companies Act 2013, if a person or group of persons acquire 90% or more of the shares of a company, then such person(s) have a right to make an offer to buy out the minority shareholders at a price determined by a registered valuer in accordance with prescribed rules.

The Takeover Code is applicable in cases of acquisition. Under the Takeover Code, an acquirer is mandatorily required to make an offer to acquire shares from the other shareholders in order to provide an exit opportunity to them prior to consummating the acquisition, if the acquisition fulfils the conditions as set out in Regulations 3, 4 and 5 of the Takeover Code. Under the Takeover Code, the obligation to make a mandatory open offer by the acquirer is triggered in the certain events.

Acquisition / Takeover


An 'acquisition' or 'takeover' is the buying by an individual, of controlling interest in the share capital, or all or significantly the greater part of the assets as well as liabilities, of the target. A takeover might be friendly or hostile, also, it might be affected through settlements between the offeror and the bulk shareholders, buying of shares from the open market, or by making an offer for acquisition of the target’s shares to the whole group of shareholders.

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