How can i get eviction from the Property
My parents went out for a leave and liscencen agreement with the tenat on feb 2013. However they did some mistake while doing the agreement. No witness signature present in the agreement. Signature of landlord and tenant interchanged.No dates mentioned either. No notary has been done of the agreement. Rent bills signed by my fater but the agreement is on the name of my mother and tenant. After expiry of the agreement on october 2014 my parents have asked to vacant the apartment but the tenant denied neither they are interested doing any compromise. Now they are asking to renew the agreement with different person's name of their family and without gurantee that they will evacuate the apartment after expiry of the new agreement. Considering so many loop holes in our expired agreement we are not very sure what we should do to evacuate the apartment. The tenat is not interested to talk to us either. So seeking your advice what should we do? Is going to the court can resolve this issue?
You should have got the leave and license agreement drafted by a lawyer. If the leave and license agreement is not properly executed the protection of rent control laws is not available. What does the agreement say with respect to the renewal thereof? If the agreement was executed between your mother and the tenant then your mother alone should have signed the rent bills/receipts. It may be difficult for you to explain in the court that this man is your tenant. Be that as it may, the only legal remedy available to you is to file a suit for the eviction of your tenant in the court. Show the agreement to a lawyer and see if anything can be worked in your favour.
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