Procedure for eviction of tenant since agreement has eviction clause

680 votes

Hi
Your question is vegue
If you want to evict tenant then u hv to send him legal notice through lawyer for eviction then you have to file civil suit in small causes court
And if there is leave & license agreement then you will have to file case before competent authorities

Advocate Amit Rathi LawRato

663 votes

As per Your Query

Firstly , That , If you landlord & tenant both are in Leave & Licence Agreement as per your terms/norms & duration in the said agreements below steps taken :-

1. Cancellation: That, if the Licensee commits default in regular and punctual payments of
monthly compensation as herein before mentioned or commit/s breach of any of the terms,
covenants and conditions of this agreement or if any legislation prohibiting the Leave and License
is imposed, the Licensor shall be entitled to revoke and / or cancel the License hereby granted, by
giving notice in writing of one month and the Licensee too will have the right to vacate the said
premises by giving a notice in writing of one month to the Licensor as mentioned earlier.

2. Secondly , If you are in leave & licence agreement , You are landlord then you can take benefits of Bombay Rent Act but Tenant not subject to take any benefit of Bombay Rent Act .

3. You Send a Notice in writing of Eviction as per your Leave & Licence Agreements Terms Breaching by him(Tenant) .

4. The option is send a Proper Notice of eviction with Breach of Covenants & Terms in Agreement of Leave & Licence .

5. After that sending a notice , Result is negative , then you can write a complaint in the nearest police station subject to Eviction Of Tenant & Tenant give me Trouble Mentally , Physically & Economically & Then police can handle your tenant properly .

6. In your Leave & Licence the term Arbitration & Conciliation Act Covers then you can not take the benefits of Court of Law . You must appointed An Arbitrator & Solved that dispute but before that all You send a proper Notice of 1month/15 days as per your leave & licence term & conditions .

Thanking You !

LawRato LawRato

748 votes

From your query it appears that you have entered into a leave and license Agreement. You need to first terminate your leave and license Agreement as per the terms and conditions and ask your licensee to vacate. If he fails to do so, you need to move competent authority to forcely vacate him, if your suit premises is in Bombay.

Advocate Rushil Aiya LawRato