Possession of rent property on expiry of leave & license agreement
23-Mar-2023 (In Landlord/Tenant Law)
The leave and licence agreement has expired but tenant not vacating and refusing to pay double the rent as per agreement and clause says we can take possession without recourse to law How do we take possession
If the agreement is registered and eviction clause is there u can send him notice of eviction. If he refused to evict he became a trespasser u can take help of police machinery. If u want u can also file a case in competent authority for eviction.
For Maharashtra state only
If leave and licence has expired than if it was for residential purpose, u have to approach the competent authority for recovery of possession
If for commercial purpose, file suit in small cause court for possession and damages on contractual rate or double of the agreed rent. U cannot take the possession by force out of court. The possession is to recovered only by legal process on proof of the fact that license has come to an end
If leave and licence has expired than if it was for residential purpose, u have to approach the competent authority for recovery of possession
If for commercial purpose, file suit in small cause court for possession and damages on contractual rate or double of the agreed rent. U cannot take the possession by force out of court. The possession is to recovered only by legal process on proof of the fact that license has come to an end
We can send the legal notice asking him to vacate the premises and/or pay the deficit along with interest and continue to make the payment of license fee at increased rate.
If he fails to oblige we can file the civil suit for recovery of possession in case of tenanted premises and an application before Competent Authority in case of Leave and license agreement.
If he fails to oblige we can file the civil suit for recovery of possession in case of tenanted premises and an application before Competent Authority in case of Leave and license agreement.
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