Deepak Sharma
Asked June 12, 2016

tenant not vacating apartment

  • 2 Answers

My tenant is not vacating my apartment after repeated notice. I had 11 month lease agreement which expired last year. At present my tenant is absconding to avoid police action against him for a dowry case filed by his wife. His wife has locked the apartment and not allowing him to vacate. The tenant has not paid rent and refused to come to Bangalore for vacating the apartment. What can i do in this case?

Answers 2

Dear Deepak Sharma Sir, you have to file petition/suit for eviction from the said house against him (tenant), the problem is the tenant not yours, you have good case on merits. Before going to file you have to issued a legal notice to the said tenant and thereafter you have to file the case due process of law.

Agree Comment 0 Agrees about 6 years ago

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Saumya Kumar
The 11 month contract is over and therefore in the absence of a lease agreement governing you Section 106 of the Transfer of Property Act, 1882. As per this provision it will be assumed that the lease has been given for a period of one month. The Section also provides that the lessor or the lessee can terminate the lease after the expiry of one month by giving a notice for fifteen days. Therefore you have the option of notifying the tenant that you intend to terminate the lease agreement. The Notice to quit does not require any ground to be stated.(Amarendra Nath v Bhibu Bhushan, AIR 1952 Cal 773)The notice of termination must clearly state that the owner of the property wants the tenant to leave the premises within the stipulated time period failing which the tenant would be treated as trespasser and then you can file for suit for eviction.(Bhagat Singh v Delhi Development Authority, AIR 1988 Del 174) If the tenants do not leave the premises even after the eviction order from the Court then you can request the Police in your area to evict them from your premises.(Ram Prakash Sharma v . Babulal Birla, CIVIL APPEAL NO. 5310 OF 2010 (Supreme Court) )
Agree Comment 0 Agrees about 6 years ago

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