Shop given on rent on mutual understanding
Dear sir, I had given my shop on rent on mutual understanding. But now he is not vacating my shop. Kindly guide me with legal advice.
Since you do not have a rent agreement with the friend you will need to adopt the following course. If you are thinking of filing a case, the first thing that you need to do right now is to collect as much documentary evidence as possible to establish that you were in an oral agreement with him. In the eyes of law, an oral agreement has the same binding value as a written agreement, but it is easier to enforce a written agreement because rights, duties, and limitations of parties are clearly demarcated. Therefore, you need to find all evidence such as previous rent receipts, any people who had knowledge of such agreement, papers to prove your ownership of the property and other documents to prove your claim.
Also, during this time, on any of the grounds for eviction, such as use of property for personal use or end of tenancy period do the following-
· Issue a notice of eviction to the tenant mentioning any of the grounds mentioned above. Be specific and clearly mention that the tenant has to vacate after 30 days, failing which additional amount will be chargeable per day for every day of default.
· Make copies of the same, give a copy to the tenant and get his signature on the true copy and one additional copy, as an acknowledgment of receipt of the notice (signature should also mention the date of receipt)
· If the tenant after the expiry of the 30 days period doesn't vacate the premises, then with the acknowledgment and the proof for agreement, you can file a lawsuit and will also be entitled to the amount which accrues to you after every day of default.
Follow the above-mentioned steps and you will have a very strong case. It is also my advice to you that do not take the matter into your own hand and do something illegal. For eg., changing locks, cutting essential utilities, entering the premise without permission, using force to take him out etc, as the same would go against you in a court of law. Also, the tenant will then have a right to file a criminal complaint against you.
Always follow the due process of law. The Hon’ble Supreme Court of India in Shiv Sagar Tiwari v. Union of India and others, AIR 1997 SC 2725, observed that a tenant can be asked to vacate only after a notice is duly served.
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