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Tenant not vacating the house. No lease agreement. What to do


02-Mar-2023 (In Property Law)
I have rented my Apartment in Vijayawada for my Tenant on April 2016. Without any lease agreement. At that time my wife is Working in Guntur and iam in Vijayawada. Now my wife got transfer to Vijayawada and we have a 6months old baby. Only we both are care takers of our baby. So we planned to move to my Apartment and we had give a oral notice on January 26th. But the tenant is not vacating my house. What should i do so that i get my apartment vacated in less time. Actually we are in emergency as my wife need to join the Office as her maternity leave has be ended.
Answers (2)

Answer #1
783 votes
Issue a legal notice to the tenant demanding to vacate the apartment. Since the agreement is oral you cannot enforce any term in a court of law. Because you can evict your tenant only under a due process of law. So issue a notice to tenant to vacate. A 15 days notice is sufficient.
Answer #2
603 votes
The Main aspect or the key poin is rental amount. If the rent is bellow 3,500 you have to file RCC case by showing appropriate reason i.e. Personal occupation as ground. Where the rental value is more than 3,500/- you have to issue Quite notice 15 days prior to the monthly end of the tenancy.

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