Tenant Not Vacating My Premises And Threatening Us

Asked in Civil

  • Kasturi

    Hyderabad

Expert's Answers(7)

  • Advocate Satej C More

    Mumbai, Maharashtra
      17 Client Ratings

    Issue a legal notice to the party. Also in case if there is clause in the agreement then you can adjust the pending rent against the deposit received from the party.

    August 29, 2020
  • Kishan Dutt Kalaskar 40 years Exp (Retired Judge)

    Bengaluru Urban, Karnataka
      187 Client Ratings

    Dear Sir Get issue a legal notice under section 106 of transfer of property act and file simple suit for eviction .

    August 29, 2020
  • Advocate J L Naagar

    Jalandhar, Punjab
      169 Client Ratings

    Dear Gentleman, Initially you have to manage to send a detailed legal notice upon the tenant demanding the arrears of rent alongwith eviction from the tenanted premises. If not resolved approach the Court for getting the premises vacated on the ground of non payment of arrears of rent you will definitely get your arrears alongwith Interest and costs. This is the exact Legal position under Rent Act. But it is subject to the conditions mentioned in the Rent Deed, if any. Regarding the second question it has to be mentioned that under Rent Act the Tenant has got no right to approach the Court under any issue. But to the Civil Court only for Injunction. Yours is a good case and you will succeed. Please give me Rank Five and follow me after reviewing my resume and book a consultation for further discussion and explanation if required.

    August 29, 2020
  • Advocate Abhimanyu Gurawalia

    Patli Hajipur, Haryana
      60 Client Ratings

    deposit amount will be adjusted as rent you can file a case for balance of rent and eviction of space

    August 29, 2020
  • Advocate Srinivas G D

    Bengaluru, Karnataka
      19 Client Ratings

    Further , you can collect information about the case he claims have filed Appear there and fight under the Provision of Force Majeure. Your Tenant get exemption only for 90 days . You can deduct balance 3 months rent . if he refuses intitate eviction Proceedings.

    August 29, 2020
  • Advocate Srinivas G D

    Bengaluru, Karnataka
      19 Client Ratings

    Kasturi, you need to understand during Pandemic times Central Government passed an ordinance called Force Majeure . According to Froce Majeure in an Extraordinary events or Circumstances beyond human control such event describe as an Act of God like war,Strike ,Riots, floods , and other such calamities parties in your case tenant can stay without paying Rent. But then if he refuses to pay beyond 90 days either party may opt for Terminstion of Agreement. Force Majeure is new act came up During COVID19 Lockdown. Contact any Advocates in this Forum for your relief.

    August 29, 2020
  • Advocate Yogesh Navmahalkar

    Jalna, Maharashtra
      19 Client Ratings

    dear client, send them notice through lawyer demanding rent. if they refused to pay the rent than file suit for eviction in court

    August 29, 2020