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Procedure to ask the tenant to leave possession for not paying rent.


04-Oct-2023 (In Landlord/Tenant Law)
sir , two months back we have given house for rent but the family we got pay rent money on partition and not only this the security agreement cheque also bounced and we want this family to be out from our house please suggest something
Answers (2)

Answer #1
578 votes
Respected Sir, it is landlord tenant case where your property is illegal occupied by tenant. Your all document are needed for study and application with complete details needed to be filed in hon'ble court
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Answer #2
784 votes
There must be a clause in your rent agreement that in case of failure of non-payment of security amount, the landlord shall evict the tenant after serving him a notice of stipulated time (check your Rent Agreement for the same). Also, check if there is any clause in the Agreement which says that the Landlord is at a liberty to evict the tenant if the tenant does not pay rent for a period of 1/2/ months.. see what your agreement says. Pursuant to that, you may firstly issue an eviction notice to the Tenant on account of non-payment of security amount and rent. If the Tenant still does not comply with the notice then you can pursue Eviction proceedings against him before Rent Tribunal.
Secondly also file a Complaint under section 138 of Negotiable Instruments Act for dishonour of cheque.
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