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Tenant not vacating flat and not paying other dues.
12-Jun-2023 (In Civil Law)
I am stuck with a bad tenant who are not vacating my flat since notice issued in Jan. 2020 and are also declining payment of maintainence and increment in rent after Agreement is void in April but they continue to possess property claiming a victim under corona pandemic.
As per your query
You need to issue notice mentioning the details of non-payment of of the licence fee, about the nuisance carried out by them and terminate the agreement. thereafter you need to file a suit for vacating the premises.
Regards
Helpful?
Adv. Neelkanth Goswami
Thane | 400+ Answers
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The State Government of Maharashtra has indeed issued an Order requesting landlords to go easy on tenants and not evict them for non payment of rent for the months of April, May & June. However, as you have stated earlier that you have served the tenant with a notice way back in Jan your case is on a diffrent footing. Try to resolves the dispute amicably amongst yourselves as the small causes court is not fully functional and getting an Order may take about a couple of months. If the discussions do not work out then issue a legal notice putting the Tenants to terms.
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Adv. Gaurav Sharma
Mumbai | 25+ Answers
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Yes, you can't receive Maintenance & as such, you cannot go for increment in Rent because of the notification issued by the Maharashtra Government : to exempt the tenants from the monthly tenancy dues.
You can't evict them too, as later on, they can either file a case against you or lodge a FIR till this problem of Corona won't get resolved.
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Adv. Pankaj Bajaj
Mumbai | 1000+ Answers
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