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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 Sports Lawyers in India

HARISH  KAUSHIK

HARISH KAUSHIK

Advocate
Exp
Central Delhi , Delhi

Specialization

  • Sports Law
  • 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

  • Sports Law
  • 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
Anilesh  Tewari

Anilesh Tewari

Advocate, Founder AT Law Chamber
Exp
Lucknow , Uttar Pradesh

Specialization

  • Sports Law
  • 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
Nayan Rajesh Mehta

Nayan Rajesh Mehta

Advocate
Exp
Rajkot , Gujarat

Specialization

  • Sports Law
  • 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

  • Sports Law
  • Civil
  • Advertising
  • Animal Laws
  • Aviation
mudassir  hussain

mudassir hussain

Associate
Exp
Bangalore , Karnataka

Specialization

  • Sports Law
  • Intellectual Property, Copyright, Patent, Trademar
  • International Laws
  • Bankruptcy And Debt
  • Consumer Protection
Working as an associate at Lawyers Transcontinental and have been involved in corporate law, tech law and general litigation. View Full Profile
Total Answers Given : 3
Shehbaaz  Sayed

Shehbaaz Sayed

Advocate
Exp
Mumbai , Maharashtra

Specialization

  • Sports Law
  • Criminal
  • Administrative Law
  • Adoption
  • Advertising
I am practicing in High Court and all other Courts in Maharashtra. View Full Profile
Madhu  Tyagi

Madhu Tyagi

Advocate
Exp
South West Delhi , Delhi

Specialization

  • Sports Law
  • Civil
  • Divorce
  • Commercial
  • Arbitration And Mediation
I am second generation lawyer and started my career in the 2005 my main area of expertise is Matrimonial and family litigation and Civil Law and main practicing in Delhi High Court and District Courts of Dwarka. I am an Advocate on Record at Supreme Court of India since 2013 and handle all kinds of View Full Profile
N  Shekhar

N Shekhar

Advocate
Exp
Patna , Bihar

Specialization

  • Sports Law
  • Criminal
  • Advertising
  • Animal Laws
  • Aviation
Best Lawyer View Full Profile
Total Answers Given : 16
 Shuchei  Agarwal

Shuchei Agarwal

Advocate
Exp
Gautam Buddha Nagar , Uttar Pradesh

Specialization

  • Sports Law
  • Family
  • Domestic Violence
  • Advertising
  • Animal Laws
Total Answers Given : 11
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Sports is the sector where many people devote their own life to it by playing for it and some devote to bring others up in it. The crux of the matter is that Sports is also one of the important fields of concern like any other field i.e. defence, job etc.
Sports is more of a social job wherein one single person carries a great deed of burden on his/her shoulders apart from playing honestly and with might like fair playing, playing by keeping the code High i.e. to avoid foul play and upboost sportsman spirit etc and they get rewarded for their performances on which they have their right just like others.
Recently Sports has gained a lot more weightage and recognition in our country which also existed previously but in recent times the level of Sports has gone up as because India is turning out to be one of the key players in any sport be it of Domestic Nature or International Nature.

Sports persons have been very frequently visiting the whole world representing India by their presence. Sports Law covers the duties and responsibilities that is to be adhered by any sports person and they have to adhere to it very strictly as because any violation can cost them heavily both in terms of fine or penalty and also in career.

Vidhikarya – Legal Assistance

The sports Law are very strict and stringent which need strict adherence from both the sides. We ensure that none of the rights and duties are infringed by any party and that the wrong done or harm caused in any term is made good by meeting the ends of justice.

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