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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

1 hour 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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Prateek Aggarwal

(See Reviews)

Experience

: {{lawyerExperience}}

Designation

: Advocate

Practicing Court

: Punjab and haryana

Location

: Haryana, Gurgaon

State Bar Council

: Haryana

Reviews & Ratings(View Reviews)

Basically i am into civil litigation, Arbitration, HARERA, Consumer forum, Permanent Lok Adalat and have been practicing for the last 7 years. I do recovery, cheque bouncing, arbitration, commercial dispute, MSME, Family cases, real estate, property dispute, Hindu Succession, will, Insolvency etc

Professional Summary

PRATEEK AGGARWAL


 

Address: B -002, Raheja Atlantis, Sector -31, Gurgaon (Haryana)

 

Telephone: 9958492083

 

E-mail: [email protected]

 

Date of Birth: 27th May 1988                                                                 Nationality: Indian                                 


Enrollment No.: P/727/2012                                                                                                                                                                  

 

ADDITIONAL ACADEMIC QUALIFICATION:


1.     Undergone Workshop on “Practice of Mediation” at University of Petroleum and Energy Studies, Dehradun from 24th October to 25th October 2010.

2.     Certificate of Participation in Corporate Law from Indian Institute of Corporate Affairs completed in 2016



WORK EXPERIENCE                                                                                                                          


Ø 11 May 2015 – Till now - Presently working as an Advocate in District Court, Gurgaon and NCR in the chamber of senior advocate Mr. R. L. Aggarwal.

·        Dealt with Negotiable instrument Act, Civil Procedure Code, Property law, Societies law, arbitration, Family law, RERA, MSME, Insolvency, Companies Act, Haryana Building Code, Special Commercial Court , Arbitration Act etc.

·        Dealt with legal drafting of contract, Agreement, MOU, Pleadings, Written statement, and various other legal documents


Ø 24 February, 2015 ----- 10 May, 2015         Worked as Senior Legal Manager with Raheja Developers Ltd.

·        Dealt with real estate law, arbitration.

·        Drafted agreements

·        Assisted in preparation of cases, look after litigation work.

·        Research work on case law.

·        Assisted, review in drafting of cases.

·        Attended hearing at Delhi Arbitration Centre, Independent Arbitration, District courts, Consumer court, State Commission, High court etc.


Ø November  2014                     Worked as an Advocate in District Court, Gurgaon in the chamber of senior advocate Mr. R. L. Aggarwal.

Ø September 2014 – October 2014    Worked as an Associate in United Chambers of Law in Delhi.


·        Dealt with consumer cases on behalf of builders.

·         Research work on case law.

·        Attended hearing at District Court, Consumer Forum, High Court etc


Ø September 2013 - August 2014    Worked as an Advocate in District Court, Gurgaon (Haryana) in the chamber of senior advocate Mr. R. L. Aggarwal.

Ø June 2012 - August 2012    Worked as an Advocate in District Court, Gurgaon (Haryana) in the chamber of senior advocate Mr. R. L. Aggarwal.

Ø July 2011 -   August 2011                  Interned under senior advocate Mr H L Tiku, Supreme Court of India, New Delhi regarding research work for a period of two month.

Ø June 2010            Interned under senior advocate Mr. R. L. Aggarwal, District Court, Gurgaon                                   (Haryana) regarding litigation for a period of one month.


·      Dealing with process of summons/warrants and other court work.

·      Shadowed a Legal Advisor in Magistrates Court.

·      Observed legal argument.


Ø June 2009            Interned under Senior Advocate Mr. Shailender Jain, Punjab and Haryana High Court, Chandigarh for a period of one month.


Skills / Experience gained in the above positions

 

·      Basic understanding of Urban Development Laws.


·      Keeping Briefs/court files, costing and billing.


·      Using initiative in legal research – accessing and analyzing cases, precedents and

                practice/procedure.


·      Developing individually tailored service for clients, adapting practices using client

               feedback.


·      Non-legal temporary work including secretarial/PA support.

Expertise In

Primary Expertise

Category Experience(in years) Cases Remarks
Arbitration and Mediation 7 years 5 Have done arbitration for many MSME units , one of the them being Aggarwal Packers and Movers agains... Read More
Cheque Bounce 7 years 50 Have dealt with these cases from both complainant and accused side in Gurgaon and Faridabad
Civil 7 years 100 Have been dealing in civil litigation for every type of cases like recovery, execution, suit for par... Read More
Commercial 7 years 40 have reading contracts and amending them for the clients, drafting legal papers for businesses
Consumer Protection 7 years 50 Have dealt with cases relating to consumer protection in Gurgaon, Faridabad, and Delhi
Contracts and Agreements 7 years 50 Have drafted many agreement for builder, companies for collaboration, Power purchase agreement, rent... Read More
Criminal 3 years 10 dealt with case relating to cheating, fraud, for registeration of FIR through Court
Divorce 5 years 10 Dealt with both mutual divorce and consented divorce
Real Estate 7 years 50 HAve been dealing with case before RERA
Trust and Society (NGO) 7 years 50 Have been registering societies in Gurgaon and solving their issue against association and for assoc... Read More

Secondary Expertise

Expertise In

Arbitration and Mediation

Experience 7 years

Number of Cases 5

Have done arbitration for many MSME units , one of the them being Aggarwal Packers and Movers against NTPC

Cheque Bounce

Experience 7 years

Number of Cases 50

Have dealt with these cases from both complainant and accused side in Gurgaon and Faridabad

Civil

Experience 7 years

Number of Cases 100

Have been dealing in civil litigation for every type of cases like recovery, execution, suit for partition, suit for injuction, rent eviction, appeals, etc

Commercial

Experience 7 years

Number of Cases 40

have reading contracts and amending them for the clients, drafting legal papers for businesses

Consumer Protection

Experience 7 years

Number of Cases 50

Have dealt with cases relating to consumer protection in Gurgaon, Faridabad, and Delhi

Contracts and Agreements

Experience 7 years

Number of Cases 50

Have drafted many agreement for builder, companies for collaboration, Power purchase agreement, rent / lease agreement, shareholder agreement, partnership agreement etc.

Criminal

Experience 3 years

Number of Cases 10

dealt with case relating to cheating, fraud, for registeration of FIR through Court

Divorce

Experience 5 years

Number of Cases 10

Dealt with both mutual divorce and consented divorce

Real Estate

Experience 7 years

Number of Cases 50

HAve been dealing with case before RERA

Trust and Society (NGO)

Experience 7 years

Number of Cases 50

Have been registering societies in Gurgaon and solving their issue against association and for association before registrar of societies and before registrar general of socities in chandigarh

Practicing Court Name

Punjab and haryana

High Court

Delhi

High Court

Faridabad

Sessions Court

Gurugram

Sessions Court

Gurugram

District Court

Faridabad

District Court

Faridabad

Family Court

Gurugram

Family Court

Educations

LL.B

University of Petroleum and Energy studies

LL.M

Cardiff Law School

Others

Indian Institute of Corporate Affairs

Other Info

No. of juniors with me

2

Size of my team

3

No. of intern work per year

2

Other Legal Experience

Arbitration

Arbitration

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