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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 Software License Lawyers in India

Abhimanyu  Shandilya

Abhimanyu Shandilya

Advocate and Legal Counsel
Exp
Kolkata , West Bengal

Specialization

  • Software License
  • Banking
  • Civil
  • Commercial
  • Criminal
I am a Practicing Advocate at Calcutta High Court and all the District Courts in and around Kolkata. My law firm Shandilyaz Advocates & Counsels deal with all kinds of cases. I am empaneled lawyer for LIC and National Insurance Company. View Full Profile
Total Answers Given : 607
anil reddy  s

anil reddy s

Proprietor
Exp
Bangalore , Karnataka

Specialization

  • Software License
  • Property
  • Advertising
  • Debt And Lending Agreement
  • Environment And Natural Resources
Total Answers Given : 14
harish  M

harish M

BAL LLB
Exp
Bangalore , Karnataka

Specialization

  • Software License
  • Corporate and Incorporation
  • Intellectual Property, Copyright, Patent, Trademar
  • Cyber, Internet, Information Technology
  • Divorce
I have been practicing since 2001, my father is also an advocate and I practiced under his guideline and I do independent practice at Bangalore, I am extremely competent in corporate Law, intellectual property, Cyber law, Property verification and Family and divorcee case. View Full Profile
Total Answers Given : 3
HARISH  KAUSHIK

HARISH KAUSHIK

Advocate
Exp
Central Delhi , Delhi

Specialization

  • Software License
  • 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
naidu  n

naidu n

Senior Legal Consultant
Exp
Hyderabad , Telangana

Specialization

  • Software License
  • Civil
  • Admiralty and Maritime
  • Banking
  • Consumer Protection
We handle following litigations: Admiralty & Maritime, Arbitration, Banking, Business , Company law, Civil , Construction, consumer law, Corporation, Partnership, Criminal, Finance, Foreclosure, Franchise Law, Government, Insurance, Revenue matters, Shipping, Real Estate, Family, Divorce et., View Full Profile
Usha  Ganesh

Usha Ganesh

ADVOCATE
Exp
Bangalore , Karnataka

Specialization

  • Software License
  • Contracts and Agreements
  • Employment And Labour
Experienced Lawyer with background civil, criminal and corporate law. Adept at managing successfully a large case load. Bar Council of Karnataka | 2010 Admitted as an Advocate on rolls • Command of Contract management • Drafting of various deeds, agreements, deeds and pol View Full Profile
Total Answers Given : 2
PARDEEP KUMAR DHINGRA

PARDEEP KUMAR DHINGRA

PARTNER WITH LAW FIRM
Exp
South Delhi , Delhi

Specialization

  • Software License
  • 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

  • Software License
  • 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
Nayan Rajesh Mehta

Nayan Rajesh Mehta

Advocate
Exp
Rajkot , Gujarat

Specialization

  • Software License
  • Civil
  • Debt and Lending Agreement
  • Landlord and Tenant
  • Police Laws
Best Lawyer In Rajkot View Full Profile
Vinay  Pratap Singh

Vinay Pratap Singh

ADVOCATE
Exp
Bhopal , Madhya Pradesh

Specialization

  • Software License
  • Civil
  • Advertising
  • Animal Laws
  • Aviation
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  • What is Software Licensing?
  • What are Software License Laws?
  • Which Specific Laws regulate software Licensing?
  • What is the Importance of Software License?

Enabling an individual or gathering to utilize a bit of software will be Software licensing. Almost all applications are licensed as opposed to sold. There are a wide range of sorts of software licenses. Some depend on the number machines on which the licensed program can run though others depend on the quantity of clients that can utilize the program. Most PC software licenses enable you to run the program on just a single machine and to make duplicates of the software just for reinforcement purposes. A few licenses additionally enable you to run the program on various PCs as long as you don't utilize the duplicates all the while. A software license (or software license in region use) is a legitimate instrument administering the utilization or redistribution of copyright secured software.

What is Software Licensing?


A software license is a legal instrument usually by way of contract law, with or without printed material governing the use or redistribution of software. Under copyright law all software is copyright protected, in source code as also object code form. The only exception is software in the public domain. A typical software license grants the licensee, typically an end-user, permission to use one or more copies of software in ways where such a use would otherwise potentially constitute copyright infringement of the software owner's exclusive rights under copyright law.

Software licenses are categorised as following-


  • Proprietary software is software which is the legitimate property of one party. The terms of utilization for different parties is characterized by contracts or licensing agreements. These terms may incorporate different benefits to share, adjust, and utilize the software and its code
  • A free software license is a software permit which gifts beneficiaries rights to adjust and redistribute the software which would some way or another be denied by copyright law. A free software permit awards, to the beneficiaries, flexibilities as consents to change or disperse copyrighted work.
  • Open source software alludes to any program whose source code is made accessible for utilize or change by clients and is made unreservedly accessible. Open Source empowers the clients to see and adjust the source code.

What are Software Licensing Laws?


There are no specific laws on software licensing in India. A computer Software Contract is governed by the principles of Indian Contract Act,1872. If the software is taken as goods then The Indian Sales of Goods Act,1932.
In the case of TCS the Apex Court considered computer software as goods. Even Intellectual Property once put into a media such as CD or DVD is considered as goods.

Specific Laws regulate software Licensing


Software licence are regulated by the Copyright Laws, Contract Laws, & the Trade Secret Laws.

  • Copyright’s Law – it has been framed in accordance with the changes demanded by TRIPS.
  • Contract Law- breach of contract under section 75 can secure the infringement under software licensing agreements. The infringement of the states of license is however subject to translation and rationale. The licensor however can secure such license by explicitly giving the terms and conditions under the assertion identifying with the rights and liabilities of the licensee and licensor himself. Just issue common in the viable market is the "standard terms" of the license which the licensee frequently overlooks while tolerating the license before downloading the software. The Indian courts have a cracked sentiment with respect to these STANDARD TERMS. Some have favoured the merchants and some have favoured the licensee
  • Trade Secret Law talks about protection of undisclosed information
  • Income Tax- software licensing, income emerging from permitting 'right to use' of Indian software purchasers is really offer of copyrighted article which does not include exchange of copyright and such receipt isn't royalty under Sec 9(1)(vi).

Importance of Software Licensing -


Businesses must be savvy in the licenses they purchase to ensure firstly they are using software legally and secondly, they aren’t paying for licenses that aren’t being used. By acquiring too many software licenses you’re wasting company resources, without enough you leave yourself liable to a potential lawsuit (which is quite costly). Finding the right license agreement can also make it easier to manage software in your company.

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