Advocate Ria Sachthey

Questions Answered by Advocate Ria Sachthey

Q: Tenant not vacating the flat not paying any rent or electricity bills

Need legal advice how to approach to make them vacate the houae !! They are behind rent hadn't paid 3 months electricity bill!! The issue we have is that we didt get the lease agreement made last year when they shifted to our home

Advocate Ria Sachthey answered
The legal position in your case is as follows:In absence of any lease agreement, it is construed in law, that it is a month on month lease. In effect it means that the tenant needs to vacate within a period of 15 days, if the notice of eviction has been served on him. Section 106 in the transfer of property act refers to certain leases in absence of written contract. (Reproduced below). Section 106 in The Transfer of Property Act, 18821[106. Duration of certain leases in absence of written contract or local usage.—(1) In the absence of a contract or local law or usage to the contrary, a lease of immovable property for agricultural or manufacturing purposes shall be deemed to be a lease from year to year, terminable, on the part of either lessor or lessee, by six months' notice; and a lease of immovable property for any other purpose shall be deemed to be a lease from month to month, terminable, on the part of either lessor or lessee, by fifteen days' notice.(2) Notwithstanding anything contained in any other law for the time being in force, the period mentioned in sub-section (1) shall commence from the date of receipt of notice.(3) A notice under sub-section (1) shall not be deemed to be invalid merely because the period mentioned therein falls short of the period specified under that sub-section, where a suit or proceeding is filed after the expiry of the period mentioned in that sub-section.(4) Every notice under sub-section (1) must be in writing, signed by or on behalf of the person giving it, and either be sent by post to the party who is intended to be bound by it or be tendered or delivered personally to such party, or to one of his family or servants at his residence, or (if such tender or delivery is not practicable) affixed to a conspicuous part of the property.] Hence fourth keep all the communication between your Tenant and yourself in writing. Even after a notice if he does not vacate you can always file a suit for eviction, but litigation can be long drawn and take up to 5 years, out of court settlement is a better alternative.