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How to obtain a stay order on my shop which is on rent
30-Mar-2023 (In Landlord/Tenant Law)
Hi, I am having one shop. Which I gave on rent for liquor bar. I want that shop back. I did agreement on 1-Apr-2015. But In that agreement, I didn't mention the period of agreement. Now liquer owner are not giving me the rent properly. So I want suggession for putting stay order on that shop. So that, We have proper aggreement. So I want to know, Can I put stay order on that place and If yes, then what will be the procedure fo stay order? Please reply me back as early as possible. Thanks.
Hi,
1. Firstly please specify whether its a rent agreement or it is a leave and license agreement
2. Whether in the agreement there is any clause for termination of agreement on the ground of non-payment of rent/license fee. If yes, then by giving notice you can terminate the agreement and after termination you have to file suit for seeking possession.
3. You cannot get stay restraining the tenant/licensee from using the premises
1. Firstly please specify whether its a rent agreement or it is a leave and license agreement
2. Whether in the agreement there is any clause for termination of agreement on the ground of non-payment of rent/license fee. If yes, then by giving notice you can terminate the agreement and after termination you have to file suit for seeking possession.
3. You cannot get stay restraining the tenant/licensee from using the premises
Helpful?
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Adv. K. T. Jain
Mumbai | 25+ Answers
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Hiii
Generally rent agreement only for 11month.....if u want your shop vacate then very instance u should send him notice for vacate the shop inspite u complaint to police station thereafter u can file a case for possesion and onjenction.
Generally rent agreement only for 11month.....if u want your shop vacate then very instance u should send him notice for vacate the shop inspite u complaint to police station thereafter u can file a case for possesion and onjenction.
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Adv. Sushama Mohan
Nagpur | 100+ Answers
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Hi,
You need to first terminate the Agreement by written notice and ask the liquor owner to vacate the premises within the stipulated time. If he doesnt vacate within the said period, you need to file eviction proceedings against your tenant to remove him from the premises. I dont think any stay can be granted in your favour, however, he may obtain a stay order against you that not to forcefully dispossess him. I suggest you file an urgent eviction suit before he gets alert about his rights.
You need to first terminate the Agreement by written notice and ask the liquor owner to vacate the premises within the stipulated time. If he doesnt vacate within the said period, you need to file eviction proceedings against your tenant to remove him from the premises. I dont think any stay can be granted in your favour, however, he may obtain a stay order against you that not to forcefully dispossess him. I suggest you file an urgent eviction suit before he gets alert about his rights.
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Adv. Rushil Aiya
Mumbai | 100+ Answers
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