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How to get my shop vacated from a tenant who is not paying the rent
18-Mar-2023 (In Landlord/Tenant Law)
i want to vacant my shop, but tenant not doing that , we do not have any agreement, any rent bill any proof, but they staying for long time period without giving any rent.. please help
Adv. Partha Ray
Kolkata | 25+ Answers
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If anyone use your Property or Shop or Room, then it may presume either he possess it illegally or you give him permission to enjoy the possession. Here in your case said person use your Shop, either he forcefully take possession of it from you or you give him possession in two way (1) he became a Tenant on the basis of monthly rent or (2) you give him permissible possession since long without any consideration or rent.
If he take possession illegally or forcefully, then immediate after taking such possession why you did not lodged written Complaint against him before the Police Station. Therefore, illegal possession of such person does not establish. Therefore, to clear his status you should declare him either Tenant or Permissible Possessor. for your position though in between you there is no such agreement, but you should give him status as Tenant on monthly rental basis.
Now for eviction you should issue a Legal Notice to quite and vacate the shop premises against him for your own purpose and include it that, he did not pay the rent since long. After it, you can proceed against him before the Court.
If he take possession illegally or forcefully, then immediate after taking such possession why you did not lodged written Complaint against him before the Police Station. Therefore, illegal possession of such person does not establish. Therefore, to clear his status you should declare him either Tenant or Permissible Possessor. for your position though in between you there is no such agreement, but you should give him status as Tenant on monthly rental basis.
Now for eviction you should issue a Legal Notice to quite and vacate the shop premises against him for your own purpose and include it that, he did not pay the rent since long. After it, you can proceed against him before the Court.
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Adv. Sanjoy Acharjee
Jalpaiguri | 400+ Answers
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